Jones v. Shewmake
Supreme Court of Georgia
In Equity. In Burke Superior Court. Bill, etc. Tried before Judge Hook. May Term, 1866.. This cause involved, besides other things, certain lands in the county of Emanuel, of which Henry P. Jones died seized, and which were acquired by him between the time of executing his will and the time of executing the codicil thereto.
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In Equity. In Burke Superior Court. Bill, etc. Tried before Judge Hook. May Term, 1866.. This cause involved, besides other things, certain lands in the county of Emanuel, of which Henry P. Jones died seized, and which were acquired by him between the time of executing his will and the time of executing the codicil thereto. His will bore date March 28, 1850, and consisted of twenty-two items, the tenth of which was as follows : “ I further desire and direct that all the land which I may “ own at my death in the county of Emanuel, in said State, “ shall be divided into four parts, or shares,…
1Opinion of the CourtLumpkin, C. J.
¥e fully appreciate the reasoning of Judge Starnes against the rule in England, originating, no doubt, as he very properly contends, in Feudal policy, to-wit: That real estate passes by the will of the testator, which he owned at the time of its execution, upon the notion that a devise affecting lands is merely a species of conveyance. Hence the distinction between devises and testaments of personal chattels. The latter will operate upon whatever the testator dies possessed of; the former only upon such real estate as was his at the time of executing and publishing his will. Wherefore, the…
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