Powell v. McKinney
Supreme Court of Georgia
Equitable petition. Before Judge George L. Bell. Fulton superior court. November 22, 1920. Mrs. Mary J. Rucker bequeathed to her sister, Martha A. J. Powell, twenty thousand dollars “ during her natural life, she to enjoy the income from the same,” with the further direction that." at her death said amount, with accumulations, if any, to be equally divided between her children.” Mrs. Powell, the life-tenant, died in June, 1917, subsequently to the death of Mrs. Rucker.
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Equitable petition. Before Judge George L. Bell. Fulton superior court. November 22, 1920. Mrs. Mary J. Rucker bequeathed to her sister, Martha A. J. Powell, twenty thousand dollars “ during her natural life, she to enjoy the income from the same,” with the further direction that." at her death said amount, with accumulations, if any, to be equally divided between her children.” Mrs. Powell, the life-tenant, died in June, 1917, subsequently to the death of Mrs. Rucker. She had had four children. Three of them survived her. The fourth child, H. Chapman Powell, survived the testatrix, but…
1Opinion of the CourtGilbert, J.
1. One of the grounds of demurrer on which the petition is attacked is as follows: “ It affirmatively appearing from the petition that the legacy referred to was willed to Mrs. M. A. J. *808Powell for and during her life, and at her death said sum with its accumulations, if any, to be equally divided between her children, and it further appearing that EL Chapman Powell departed this life prior to the death of Mrs. M. A. J. Powell, the life-tenant, the defendants herein named contend that upon the death of EL Chapman Powell.no interest in said legacy passed to plaintiffs, and as a matter of law…
2Cases cited22 opinions
- Conley v. BuckSupreme Court of Georgia · 1897
- Jones v. SmithSupreme Court of Georgia · 1904
- Crawley v. KendrickSupreme Court of Georgia · 1905
- Neal v. BoykinSupreme Court of Georgia · 1907
- Davis v. AlbrittonSupreme Court of Georgia · 1907
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3Cited by25 opinions
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- Bowers v. DolanSupreme Court of Georgia · 1939
- Britt v. FincherSupreme Court of Georgia · 1947
- Toucher v. HawkinsSupreme Court of Georgia · 1924
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