Legal Opinion

LaGrange Mills v. Kener

Supreme Court of Georgia

Decided December 10, 1904PublishedCited by 17 opinions

Application for dower. Before Judge Freeman. Troup superior court. January 27, 1904. On October 28, 1901, Thomas M. Kener, as next friend for Mary J. Kener, filed an equitable petition in her name against the LaGrange Mills, a corporation, in which it was alleged that she is now insane and was insane at the date of the death of her husband,-Godfred Kener, which took place in June, 1879; that her husband died seized and possessed, in his own right, of a described parcel of…

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Application for dower. Before Judge Freeman. Troup superior court. January 27, 1904. On October 28, 1901, Thomas M. Kener, as next friend for Mary J. Kener, filed an equitable petition in her name against the LaGrange Mills, a corporation, in which it was alleged that she is now insane and was insane at the date of the death of her husband,-Godfred Kener, which took place in June, 1879; that her husband died seized and possessed, in his own right, of a described parcel of land; that the defendant has been in possession of this land for a term of fifteen years, receiving the rents and profits…

1Opinion of the CourtCobb, J.

1. The right of a widow to dower is derived from the common law, but the rule of the common law in reference to the property in which this right may be asserted has undergone material modifications by statute in this State. The widow is no longer entitled to dower in all the lands which the husband held during coverture, but only in lands of which he died seized and possessed and such as came to him by virtue of his marital rights and which may have been aliened by him. During the lifetime of the husband the widow has an inchoate right of dower in lands of the latter character, but she has no…

2Cases cited15 opinions

  1. Austell v. SwannSupreme Court of Georgia · 1885
  2. Snipes v. ParkerSupreme Court of Georgia · 1896
  3. Worthy v. WorthySupreme Court of Georgia · 1867
  4. Reese v. ReeseSupreme Court of Georgia · 1892
  5. Dent v. MerriamSupreme Court of Georgia · 1901

10 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Harris v. McDonaldSupreme Court of Georgia · 1921
  2. Wynne v. FisherSupreme Court of Georgia · 1923
  3. Morris v. MobleySupreme Court of Georgia · 1930
  4. Georgia Railroad Bank & Trust Co. v. Liberty National Bank & Trust Co.Supreme Court of Georgia · 1934
  5. Foster v. AllenSupreme Court of Georgia · 1946

12 more not listed; retrieve them via the Exa API.

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