Tyler v. Theilig
Supreme Court of Georgia
Petition for direction. Before Judge Lumpkin. Fulton superior court. January 28, 1905. Carl F. Theilig, a German subject, moved to this country, became naturalized, and changed his name to Charles F. Tyler. In 1903 he died, a citizen of Georgia, leaving a will in which he .sought to dispose of an estate valued at something, more than $50,000. His wife, Maggie Tyler, was made executrix of the will.
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Petition for direction. Before Judge Lumpkin. Fulton superior court. January 28, 1905. Carl F. Theilig, a German subject, moved to this country, became naturalized, and changed his name to Charles F. Tyler. In 1903 he died, a citizen of Georgia, leaving a will in which he .sought to dispose of an estate valued at something, more than $50,000. His wife, Maggie Tyler, was made executrix of the will. The present suit is upon her petition, which alleges that the will is ambiguous, and prays that the court construe it. The first item of the will is as follows: “I give, bequeath, and devise to my…
1Opinion of the CourtFish, C. J.
(After making the foregoing statement.). Since this ease was tried, the learned jurist who rendered the judgment has, as was said of his lamented kinsman by Chief Justice Bleckley •on a similar occasion, been translated to a seat on this bench, and the possibility of error on his part, like that of issue on the part •of the plaintiff below, has become extinct. Not that there has been error committed by him in the judgment now under review; for the clear and lucid opinion in which he sets forth his reasons for *207that judgment so-thoroughly accords with our own view of the case that we have…
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