Denny v. Gardner
Supreme Court of Georgia
Equitable petition. Before Judge Hammond. Bichmond superior court. May 21, 1921. The facts, as they appear from the petition as amended, with exhibits, are substantially as follows: Green H. Jordan died testate on or about February 15, 1855. Item 3 of his will provided as follows: “All the property, real and.personal, heretofore purchased with my money and for which titles were taken in my name by my direction by my son-in-law, James Gardner, Esq., and which was intended for…
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Equitable petition. Before Judge Hammond. Bichmond superior court. May 21, 1921. The facts, as they appear from the petition as amended, with exhibits, are substantially as follows: Green H. Jordan died testate on or about February 15, 1855. Item 3 of his will provided as follows: “All the property, real and.personal, heretofore purchased with my money and for which titles were taken in my name by my direction by my son-in-law, James Gardner, Esq., and which was intended for the sole and separate use of my daughter, Martha G. S. Gardner, during her life, remainder upon her death to her…
1Opinion of the CourtGilbert, J.
The court did not err in sustaining a demurrer to the petition, on the ground that.it was barred by the statute of limitations. It appears that the petition was filed a little more than six years after the qualification of the executors of the life-tenant. It is insisted by the plaintiffs in error that the suit is not barred until ten years from such date has elapsed, on the ground that the life-tenant was, by operation of law, a trustee for the remaindermen, and as such held the property for which the remaindermen sue. Civil Code (1910), § 4366, which has reference to limitation of actions…
2Cases cited2 opinions
- Denny v. GardnerSupreme Court of Georgia · 1919
- Farrar v. Southwestern RailroadSupreme Court of Georgia · 1902
3Cited by5 opinions
- Collins v. HenrySupreme Court of Georgia · 1923
- Reynolds v. DorseySupreme Court of Georgia · 1939
- Taylor v. StateSupreme Court of Georgia · 1925
- Lazenby v. WareSupreme Court of Georgia · 1934
- Williams v. ParsonsCourt of Appeals of Georgia · 1934