Munford v. Peeples
Supreme Court of Georgia
Equitable petition. Before Judge Tarver. Bartow superior court. July 12, 1920. L. S. Munford died, leaving his last will and testament, which was admitted to probate in solemn form, the material portions of which are as follows: “ Item 5. I hereby give, devise, and bequeath to my son, Eobert S. Munford, in trust for my daughter, Lewis Munford Peeples, wife of O. T. Peeples, one half (J4) of my shares of the capital stock of the Etowah Development Company, and one half (}4)…
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Equitable petition. Before Judge Tarver. Bartow superior court. July 12, 1920. L. S. Munford died, leaving his last will and testament, which was admitted to probate in solemn form, the material portions of which are as follows: “ Item 5. I hereby give, devise, and bequeath to my son, Eobert S. Munford, in trust for my daughter, Lewis Munford Peeples, wife of O. T. Peeples, one half (J4) of my shares of the capital stock of the Etowah Development Company, and one half (}4) of my shares of the capital stock of the First National Bank of Cartersville, Ga., hereby vesting him, the said Eobert S.…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. The first question to be considered is, what estate did Mrs. *36Peeples take in the stock bequeathed by the fifth item of testator’s will ? Did she take a life-estate only; or did she take an absolute-, or defeasible fee ? Considering first the language of item 5 alone, it will be observed that R. S. Munford was created trustee for testator’s . daughter, Lewis Munford Peeples, alone. The trustee is not expressly declared trustee for any one- else, in this item of the will. It confers on the named trustee “full and complete control” of the stock, with the…
2Cases cited44 opinions
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Craig v. AmbroseSupreme Court of Georgia · 1887
- Ewing v. ShropshireSupreme Court of Georgia · 1888
- Cushman v. ColemanSupreme Court of Georgia · 1894
- Thomas v. OwensSupreme Court of Georgia · 1908
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3Cited by22 opinions
- Comer v. Citizens & Southern National BankSupreme Court of Georgia · 1935
- Clark v. BakerSupreme Court of Georgia · 1938
- Watts v. FinleySupreme Court of Georgia · 1939
- Sanders v. First Nat. Bank of AtlantaSupreme Court of Georgia · 1939
- Miller v. BrownSupreme Court of Georgia · 1959
17 more not listed; retrieve them via the Exa API.