Kine v. Becker
Supreme Court of Georgia
Wills. Legacies. Title. Before Judge Adams. Chatham superior court. March term, 1888. This case arose by hill in equity for the partition of certain lands and tenements. Mary Elizabeth Nine and Thomas A. Becker, Roman Catholic Bishop of Savannah, were parties defendant.
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Wills. Legacies. Title. Before Judge Adams. Chatham superior court. March term, 1888. This case arose by hill in equity for the partition of certain lands and tenements. Mary Elizabeth Nine and Thomas A. Becker, Roman Catholic Bishop of Savannah, were parties defendant. It appears, as determined by the court below, to which determination there is no exception made, that one fourth interest in the property belonged to Mary Elizabeth Nine as heir of her father, and another one fourth interest passed under the will of her mother, Ellen Nine,.which contained the following item: 2d. “ I give,…
1Opinion of the Court
Simmons, Justice.
The facts of this case will be found in the official report. The only question for us to decide is, whether that portion of the second item of Ellen Kine’s will, giving her property to the Roman Catholic Bishop of Savannah in case of her daughter’s death without issue or children, is void, under section 2419 of the code. That section provides that “no person leaving a child, or descendants of child, shall, by will, devise more than one third of his estate to any charitable, religious, educational or civil institution to the exclusion of such . . child; and in all cases, the…
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