Doyal v. Smith
Supreme Court of Georgia
In Equity, in Henry Superior Court. Tried before Judge Cabaniss, at the April Term, i860. John A. Smith, executor of Elijah S. Boynton, deceased, filed-his bill in equity in Henry Superior Court, invoking a construction of the ninth item of the will of the said Elijah S. Boynton, and asking direction as to the execution.
Read the full summary
In Equity, in Henry Superior Court. Tried before Judge Cabaniss, at the April Term, i860. John A. Smith, executor of Elijah S. Boynton, deceased, filed-his bill in equity in Henry Superior Court, invoking a construction of the ninth item of the will of the said Elijah S. Boynton, and asking direction as to the execution. The said ninth item of the will is in the following words, to’ wit: “At my death, I give and bequeath to my beloved wife, Elizabeth Boynton, during her lifetime or widowhood, the west half of my lands, with a good horse and farming tools for one horse; two cows and calves,…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
When this case was before this Court on a former occasion —28 Geo. Rep. 262—it was held that the clause of the will, as to Floyd, may be read two ways; either as an absolute gift to the wife, to take effect immediately, or as a disposition similar to that made of Solomon. The meaning of the will as to this negro, is, in the language of the books, *202“equivocal,” and parol testimony was allowed for the purpose of ascertaining which construction was intended by the testator — not from what was written in the will, for upon that the Court was to pass,…
2Cited by1 opinion
- Logan v. HammondSupreme Court of Georgia · 1923