Billingslea v. Moore
Supreme Court of Georgia
Claim in Taliaferro Superior Court and motion for new trial. Decision by Judge Baxter, February Term, 1853. . The 4th clause of the will of Alexander Norris, dec’d, was as follows: “ It is also my request, that after the death of my beloved wife, that Frances B. Billingslea has the tract of land whereon I now live, lying west of the road loading from Phillip’s bridge to Crawfordsville; also, that the said Frances B. Billingslea have the sum of five hundred dollars paid as…
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Claim in Taliaferro Superior Court and motion for new trial. Decision by Judge Baxter, February Term, 1853. . The 4th clause of the will of Alexander Norris, dec’d, was as follows: “ It is also my request, that after the death of my beloved wife, that Frances B. Billingslea has the tract of land whereon I now live, lying west of the road loading from Phillip’s bridge to Crawfordsville; also, that the said Frances B. Billingslea have the sum of five hundred dollars paid as his fees for doing the business of the within named.” Frances B. Billingslea was appointed executor, but never qualified;…
1Opinion of the Court
.Bjj the Qourt.
Starnes, ;J.
dolivoring..the opinion.
It is the opinion of tho Court, that as the record in this case presents the intention of the Testator in 'the fourth clause of his will contained, the same is not free from ambiguity.
Though from a consideration of the whóle will, we incline to think that he designed to ’devise this tract of land absolutely to the claimant B'illingslea; _ yet we acknowledge that this inclination is not sufficiently great to take the shape of conviction.
As the case has again te bo tried, it may servo tho-purpose of future elucidation, if we give briefly our…
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