Kimbrough v. Smith
Supreme Court of Georgia
Complaint for land. Before Judge 'Freeman. Troup superior court. June 22, 1906. S. A. Smith as administrator de bonis non cum testamento annexo of John A. Smith, filed his complaint for land against Kimbrough, administrator of Thomas Wesley Smith; and the case was submitted to the judge without a jury, under an agreed statement of facts.
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Complaint for land. Before Judge 'Freeman. Troup superior court. June 22, 1906. S. A. Smith as administrator de bonis non cum testamento annexo of John A. Smith, filed his complaint for land against Kimbrough, administrator of Thomas Wesley Smith; and the case was submitted to the judge without a jury, under an agreed statement of facts. In accordance with the terms of this agreement he subsequently rendered his decision, which was in favor of the plaintiff, and the defendant filed the present bill of exceptions complaining of that decision. The agreed statement of facts shows that John A.…
1Opinion of the CourtEvans, J.
The solution of the case presented by this record depends upon the character of the estate, whether fee simple or for life only, which Thomas Wesley Smith took in the lands devised in the third item of his father’s will. If no other considerations entered into the construction of this item beyond defining the plain and unambiguous language of the testator according to its obvious legal effect, no difficulty would be experienced in declaring the nature of the estate therein created. With almost technical precision the testator devised to his wife and son, Thomas Wesley, an estate for their…
2Cases cited2 opinions
- Broach v. KitchensSupreme Court of Georgia · 1857
- Vaughn v. HowardSupreme Court of Georgia · 1885
3Cited by16 opinions
- Moore v. CookSupreme Court of Georgia · 1922
- Crumley v. ScalesSupreme Court of Georgia · 1910
- Smith v. SladeSupreme Court of Georgia · 1921
- Yerbey v. ChandlerSupreme Court of Georgia · 1942
- Wilcher v. WalkerSupreme Court of Georgia · 1916
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