Lee v. McElvy
Supreme Court of Georgia
In Equity, in Clay Superior Court. Decision on demurrer by Judge Kjddoo, at chambers, 15th April, 1857. This was a bill filed by Peter Lee, the guardian of William L. Tull, an idiot, against William McElvy.
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In Equity, in Clay Superior Court. Decision on demurrer by Judge Kjddoo, at chambers, 15th April, 1857. This was a bill filed by Peter Lee, the guardian of William L. Tull, an idiot, against William McElvy. The main question in this case arises upon the following clause in the last will and testament of Elias Lee deceased, to-wit: “I give and bequeath to my daughter Percy McElvy, and to the heirs of her body, at my death, my negro woman Cherry, and her three children, Lewis, Fed and Enoch, whom I have loaned to her, and who, by my permission, is now in her possession, and the future increase…
1Opinion of the Court
*131By the Court. —
Benning, J.
delivering the opinion.
Was there any equity in the bill ? There was not, if the words of the will were such, that they would, if the property had been real property, have created by the statute de donis, an estate tail in Mrs. McElvy, for in that case the words would, by our act of 1831, have vested the absolute estate in her, and through her, in the defendant who was her husband.
The words of the will were as follows : “I give and bequeath to my daughter Percy McElvy, and to the heirs of her body, at my death, my negro woman Cherry, and her three children, Lewis, Fed…
2Cited by1 opinion
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