Teasley v. Hulme
Supreme Court of Georgia
Equitable petition. Before Judge Hodges. Elbert superior court. October 9, 1919. By the second item of his will Thomas M. Hulme, late of Elbert county, devised to his wife a half undivided interest in fee in 193.8 acres of land. By the third item of his will the testator devised ;to his daughter, Mary E. Teasley, a half undivided interest in the same land, “ and at her death to be equally divided among her brothers and sisters.
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Equitable petition. Before Judge Hodges. Elbert superior court. October 9, 1919. By the second item of his will Thomas M. Hulme, late of Elbert county, devised to his wife a half undivided interest in fee in 193.8 acres of land. By the third item of his will the testator devised ;to his daughter, Mary E. Teasley, a half undivided interest in the same land, “ and at her death to be equally divided among her brothers and sisters. In case any of them are dead, then the share of the deceased brother 'and sisters must be equally divided among their children.” The will was probated in solemn form…
1Opinion of the Court
George, <J.
(After stating the foregoing facts.) At common law only parceners had the right of partition. By the statute of 31 Henry VIII, c. 1, this remedy was extended to joint tenants and tenants in common of any estate of inheritance in their own right, or in the right of their wives. By the statute of 32 Henry VIII, c. 32, the remedy was still further extended to joint tenants and tenants in common, for term of life or years, or joint tenants and tenants in common, where one or some of them have estate for term of life or years, with the others that have an estate of inheritance or…
2Cases cited9 opinions
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