Hutchinson v. Fuller
Supreme Court of Georgia
Wills. Legacies. Before Judge Roney. Richmond Superior Court April Adjourned Term, 1885. Shewmake and Hickman, as executors of William S. Jones, deceased, filed their bill for construction of the will of their testator and for direction as to the payment of the legacies, under the tenth and twelfth items thereof.
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Wills. Legacies. Before Judge Roney. Richmond Superior Court April Adjourned Term, 1885. Shewmake and Hickman, as executors of William S. Jones, deceased, filed their bill for construction of the will of their testator and for direction as to the payment of the legacies, under the tenth and twelfth items thereof. The real estate could not be sold for $18,000. The legatees under the tenth item claimed that the deficiency should be made up from the residue of the estate, while the residuary legatees denied this position, and claimed that the legatees under the tenth item were entitled to no…
1Opinion of the Court
Jackson, Chief Justice.
The only question which this record makes arises out of the 10th item of the will,' the whole of which will is reported at the head of this opinion by the reporter. That contest is between the legatees under that 10th item and the residuary legatees. If the word “first” in that item means that the legatees under it are to be paid before anybody else out of the realty or its proceeds, and if there be not enough realty or proceeds of realty to pay them $18,000, then they are to get no more out of the rest of testator’s property, then the residuum cannot be encroached upon…
2Cases cited2 opinions
- Giddings v. . SewardNew York Court of Appeals · 1857
- Harper v. Bibb & FalknerSupreme Court of Alabama · 1872
3Cited by4 opinions
- Henderson v. First National Bank of RomeSupreme Court of Georgia · 1939
- Thompson v. StephensSupreme Court of Georgia · 1912
- Hart v. BrownSupreme Court of Georgia · 1916
- Estate of O'GormanCalifornia Superior Court · 1910