Vickers v. Stone
Supreme Court of Georgia
Application for the benefit of the “Honest Debtor’s” Act; Issue of Fraud, in .Wilkes Superior Court. Tried before Judge Sayre, March Term, 1848. This was an application on the part of the defendant in error, to take the benefit-of the “ Honest Debtor’s ” Act, of 1823. The plaintiff in error as a creditor, suggested as fraud, that the schedule filed under the Act, did not contain a true statement of all the effects of the debtor; upon which issue was joined.
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Application for the benefit of the “Honest Debtor’s” Act; Issue of Fraud, in .Wilkes Superior Court. Tried before Judge Sayre, March Term, 1848. This was an application on the part of the defendant in error, to take the benefit-of the “ Honest Debtor’s ” Act, of 1823. The plaintiff in error as a creditor, suggested as fraud, that the schedule filed under the Act, did not contain a true statement of all the effects of the debtor; upon which issue was joined. The facts agreed on, are as follows : Osborn Stone, the father of the applicant, by his last will, bequeathed, “ after the payment of all…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
The main question presented by the record in this case is, the -construction to be given to the will of Osborne Stone, deceased.
[1.] The testator bequeathed to'his wife Nancy, after the payment of his debts, all and singular his property, both real and personal, to be kept together, and freely used by her for the raising and education of his children, as well those which may be born hereafter, as those now living, during her natural life ; and ■at her death, to be equally divided among all his surviving children, and the legal representatives of…
2Cited by20 opinions
- Olmstead v. DunnSupreme Court of Georgia · 1884
- Crossley v. LeslieSupreme Court of Georgia · 1908
- Fields v. LewisSupreme Court of Georgia · 1903
- Glore v. ScrogginsSupreme Court of Georgia · 1906
- Moore v. CookSupreme Court of Georgia · 1922
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