Ingram v. Fraley
Supreme Court of Georgia
In Equity, in Hancock Superior Court. Tried before Judge Thomas, at October Term, 1859. This was a bill filed by Emma Ingram and Ella Ingram, by their next friend, against William Fraley, for a discovery and account of the estate of LaFayette Ingram, deceased, and that defendant be decreed to pay over to complainants their distributive share thereof, as heirs at law of decedent, they being the children of a deceased brother.
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In Equity, in Hancock Superior Court. Tried before Judge Thomas, at October Term, 1859. This was a bill filed by Emma Ingram and Ella Ingram, by their next friend, against William Fraley, for a discovery and account of the estate of LaFayette Ingram, deceased, and that defendant be decreed to pay over to complainants their distributive share thereof, as heirs at law of decedent, they being the children of a deceased brother. Defendant resisted this demand on the ground that LaFayette Ingram departed this life, leaving in full force his last will and testament, whereby he devised and…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion.
It will be conceded that the words used in this will, are sufficient to vest the legal title to the property in William Fraley. And the question is whether, from the whole will, we are bound to infer it was not the intention of the testator to give it to him absolutely, but on the contrary, that a trust was intended. If so, William Fraley, the legatee, will be excluded from taking any beneficial interest under the will.
I have neither the time nor the inclination to review the library of volumes read on the argument. The numerous decisions upon…
2Cases cited1 opinion
- Lowe v. MorrisSupreme Court of Georgia · 1853
3Cited by4 opinions
- Maught v. GetzendannerCourt of Appeals of Maryland · 1886
- Thomas v. AndersonCourt of Appeals for the Eighth Circuit · 1917
- Russell v. MarshallSupreme Court of Georgia · 1965
- Atwood v. Rhode Island Hospital Trust Co.Court of Appeals for the First Circuit · 1921