Cato v. Gentry
Supreme Court of Georgia
In Equity, in Hancock Superior Court. Decision by Judge Thomas, October Term, 1858. This was a bill filed by "William P. Cato and James E. Cato against Samuel T. Gentry, Sterling G. Cato and Lewis E. Cato, executors of the last will of Green Cato, deceased.
Read the full summary
In Equity, in Hancock Superior Court. Decision by Judge Thomas, October Term, 1858. This was a bill filed by "William P. Cato and James E. Cato against Samuel T. Gentry, Sterling G. Cato and Lewis E. Cato, executors of the last will of Green Cato, deceased. Green Cato died in 1888, after having made and executed his last will, dated November 14th, 1837. In the 3d item of said will he makes the following devise and bequest: “At the time of lawful age or marriage of my youngest daughter, Emily Cato, or on the marriage of my wife, should such an event take place, I give, devise and bequeath to…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
The legacies to the two minor grandsons were not due when they were paid to the guardian of those grandsons. The legacies were a charge on the land devised to the two sons, Sterling G. Cato and Lewis E. Cato, the persons who paid to the guardian the legacies. The two sons afterwards sold the land to Gentry, who, of course, took the lands subject to the charge on them, of the legacies, if that charge had not been satisfied, by the payment of the legacies to the guardian. That payment was voluntary; promissory notes for the legacies were given and…
2Cited by2 opinions
- Candler v. ClarkeSupreme Court of Georgia · 1892
- Betts v. HancockCourt of Appeals of Georgia · 1921