Harris v. Smith
Supreme Court of Georgia
In Equity, iñ Washington Superior Court. Decision by Judge Holt. In 1840, Cordal N. Francis made his will and died, leaving defendant, Smith, his executor, and his wife Nancy .and his grand-son Daniel F. Harris,- him surviving. By his will he disposed of a large estate to his children, grand-children and others.
Read the full summary
In Equity, iñ Washington Superior Court. Decision by Judge Holt. In 1840, Cordal N. Francis made his will and died, leaving defendant, Smith, his executor, and his wife Nancy .and his grand-son Daniel F. Harris,- him surviving. By his will he disposed of a large estate to his children, grand-children and others. By the first and fourth items of that will he devised as follows: “Item 1st. It is my will and desire, and by these presents I do give in trust to my beloved wife, Nancy Francis, during her life-time and widowhood, all those tracts or parcels of ]and lying on the south prong of…
1Opinion of the Court
*548 By the Court.
Starnes, J.
delivering the opinion.
[1.] It is insisted for the plaintiff in error, that in the disposition which this testator'must be held to have made of the property, by the fourth, clause of his will bequeathed, he intended to give the same, after the estate in his wife should terminate, to his grand-son, Daniel E. Harris, in fee tail. That such intention is, in legal contemplation, manifested by the use of words in the latter pai-t of that clause, which have reference to an indefinite failure of issue in the line of that grand-son’s posterity, and which thus bring the case…
2Cited by25 opinions
- Meacham v. GrahamTennessee Supreme Court · 1897
- Ewing v. ShropshireSupreme Court of Georgia · 1888
- Hertz v. AbrahamsSupreme Court of Georgia · 1900
- Matthews v. HudsonSupreme Court of Georgia · 1888
- Hill v. TerrellSupreme Court of Georgia · 1905
20 more not listed; retrieve them via the Exa API.