Smith v. Johnson
Supreme Court of Georgia
Trover, in Taylor Superior Court Tried before Judge Worrill, at October Term, 1856. Charles W. Smith died testate about the year 1848, and appointed Levi B. Smith and Joseph Pou, his executors ; Levi B. Smith alone qualified. One of the legatees in said will, Catharine Smith, intermarried with William S. Johnson in the year 1852, and died the following year, leaving-no child surviving her.
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Trover, in Taylor Superior Court Tried before Judge Worrill, at October Term, 1856. Charles W. Smith died testate about the year 1848, and appointed Levi B. Smith and Joseph Pou, his executors ; Levi B. Smith alone qualified. One of the legatees in said will, Catharine Smith, intermarried with William S. Johnson in the year 1852, and died the following year, leaving-no child surviving her. The negroes, which are the subject of this action, went into the possession of said William S. Johnson and his wife Catharine, a short time after their marriage. Within the statutory period after the death…
1Opinion of the Court
*390 By the Court.
McDonald, J.
delivering the opinion.
Tne testator’s daughter, Catharine, was single at the date of his will and continued so down to the time of his death. In disposing of his property, he gave and bequeathed unto his beloved daughter Catharine, an equal share of his estate with each of his other children, for her own separate estate, and the same shall vest in and be held in trust by his beloved son Levi B. Smith, for the sole separate use, benefit estate, and support of said Catharine and her children, for and during her natural life, and at her death shall be equally divided…
2Cited by1 opinion
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