DeVaughn v. Hays
Supreme Court of Georgia
Equitable petition. Before Judge Littlejohn. Maeon superior court. January 24, 1912. The will of J. E. DeVaughn, executed July 11, 1908, was duly proved in solemn form and admitted to record.
Read the full summary
Equitable petition. Before Judge Littlejohn. Maeon superior court. January 24, 1912. The will of J. E. DeVaughn, executed July 11, 1908, was duly proved in solemn form and admitted to record. The portions of the will here material were as follows: “Item 3. I give and bequeath to Mary Porter DeYaughn, Mrs. Mamie Pierce,. Mrs. Eosa Polhill, Carl L. DeYaughn, Mack S. DeYaughn, and Otis B. DeYaughn, all the remainder of my realty and personalty, and other property of every kind and description, share and share alike, except my wife, Mary Porter DeYaughn, to have a certain policy of life insurance…
1Opinion of the CourtFish, C. J.
(After stating the facts.) The devise to Hays in trust for Otis B. DeVaughn for life, and, after his death, to such child or children as he might leave surviving, and, in the event that there should be no such child or children, then to other legatees named in the will, share and share alike, created a trust only for Otis B. DeVaughn during his life, as no express trust was created for those to take in remainder. Such a trust was executed as soon as it became operative if Otis B. DeVaughn was then sui juris, or as soon as he became so. Vernoy v. Robinson, 133 Ga. 653 (66 S. E. 928), and cases…
2Cases cited5 opinions
- Lester v. StephensSupreme Court of Georgia · 1901
- Sinnott v. MooreSupreme Court of Georgia · 1901
- Chisholm v. LeeSupreme Court of Georgia · 1875
- Moore v. SinnottSupreme Court of Georgia · 1903
- Vernoy v. RobinsonSupreme Court of Georgia · 1909
3Cited by10 opinions
- Clark v. BakerSupreme Court of Georgia · 1938
- Munford v. PeeplesSupreme Court of Georgia · 1921
- Caldwell v. HillSupreme Court of Georgia · 1934
- Salter v. SalterSupreme Court of Georgia · 1952
- Hicks v. RushinSupreme Court of Georgia · 1971
5 more not listed; retrieve them via the Exa API.