Broach v. Kitchens
Supreme Court of Georgia
Action to recover land, in Jones Superior Court. Tried, before Judge Hardeman, April Term, 1857. This was an action, (in the form prescribed by Act of 1847) by Calvin Broach, administrator de bonis non. with the will annexed, of George Broach, deceased, against Boaz Kitchens, to recover a tract of land containing two hundred and twenty-five (225) acres, situated in the county of Jones. The defendant pleaded the general issue and statute of limitations.
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Action to recover land, in Jones Superior Court. Tried, before Judge Hardeman, April Term, 1857. This was an action, (in the form prescribed by Act of 1847) by Calvin Broach, administrator de bonis non. with the will annexed, of George Broach, deceased, against Boaz Kitchens, to recover a tract of land containing two hundred and twenty-five (225) acres, situated in the county of Jones. The defendant pleaded the general issue and statute of limitations. Plaintiff first offered in evidence, the will of George Broach, deceased, by the 2d, 3d and 4th items of which he gave all his estate to his…
1Opinion of the Court
By the Court. —
Benning, J.
delivering the opinion.
The whole will is to betaken together, and to every part of it, operation is to be given, if possible, but, if this is not possi*519ble, then, in the necessary conflict of parts, the later part must prevail over the earlier.
In sections two, three, and four, of his will, the testator gives his land, negroes, stock, and all the rest of his property, (as far as appears,) to his wife.
The fifth and sixth sections are as follows:
“It is my will and desire, that my beloved wife, Rachel Broach, shall have full power, to dispose of a part, or all of the…
2Cited by13 opinions
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- Watts v. FinleySupreme Court of Georgia · 1939
- Kimbrough v. SmithSupreme Court of Georgia · 1907
- Philips v. CrewsSupreme Court of Georgia · 1880
- Wetter v. WalkerSupreme Court of Georgia · 1878
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