Grayson v. Germania Bank
Supreme Court of Georgia
Equitable petition. Before Judge Charlton. Chatham superior court. July 15, 1912. Alfred M. Martin died on the 13th of May, 1910, leaving a will.
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Equitable petition. Before Judge Charlton. Chatham superior court. July 15, 1912. Alfred M. Martin died on the 13th of May, 1910, leaving a will. The first item was as follows: “I give and devise to my beloved wife, Elizabeth M. Martin, the homestead plantation, being the place on which I now reside, with my summer place included, together with all the lands connected with the same; also all the horses, mules, cattle, household furniture, and everything else upon or connected with said plantation; also the sum of seventy-five thousand dollars to consist of such bonds and stocks as she may…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) Perhaps upon no subject of the law have there been employed so many legal refinements, or such technical disquisition, as in the con-struction of powers and their mode of execution. In the greatest number of instances which have come under our observation the courts have been concerned with the determination of the validity ■and execution of powers which have been created in wills. The cardinal principle of interpretation of wills is to give effect to the testator’s intention, where it can be ascertained from the will, and where such intention is not…
2Cases cited4 opinions
- Terry v. RodahanSupreme Court of Georgia · 1888
- Mahoney v. ManningSupreme Court of Georgia · 1910
- Nort v. Healy Real Estate & Improvement Co.Supreme Court of Georgia · 1911
- Middlebrooks & Co. v. FergusonSupreme Court of Georgia · 1906
3Cited by6 opinions
- Regents of the University System v. Trust Co.Supreme Court of Georgia · 1938
- Hilton & Dodge Lumber Co. v. AlwoodSupreme Court of Georgia · 1914
- Wiggs v. HendricksSupreme Court of Georgia · 1917
- Patterson v. GaissertSupreme Court of Georgia · 1917
- Hargrove v. RichSupreme Court of Georgia · 2004
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