Legal Opinion

Ware v. Trustees of Emory College

Supreme Court of Georgia

Decided February 15, 1880PublishedCited by 1 opinion

Wills. Estates. Title. Grant. Remainder. Res adjudicata. Former recovery. Before Judge Speer. Newton Superior Court. September Term, 1879. Ware et al. brought this bill against the trustees of Emory College and the Georgia Railroad alleging, in brief, as follows: In 1820, Thomas Carr died testate.

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Wills. Estates. Title. Grant. Remainder. Res adjudicata. Former recovery. Before Judge Speer. Newton Superior Court. September Term, 1879. Ware et al. brought this bill against the trustees of Emory College and the Georgia Railroad alleging, in brief, as follows: In 1820, Thomas Carr died testate. After making numerous specific bequests, the eleventh item of the will left one-half of the residue of the estate to the children of Susan B. Ware; the other half was left to William A. Carr and Nicholas Ware in trust for Selina A. Few, for life, free from the control of her husband, Ignatius Few ;…

1Opinion of the Court

Crisp, Judge.

In 1876, Selina A. Few departed this life. Whereupon plaintiffs in error, being the grand-children and representatives of grand-children of Thomas Carr, deceased, brought their bill in Newton superior court against the defendants in error, alleging that the remainder created by the will of Thomas Carr had vested, that the railroad stock, bought with the proceeds of the Alabama lands, passed under the will of Carr, that the railroad and college had notice of their interest at the time of taking, etc., and prayed, amongst other things, that the college be decreed to transfer the…

2Cases cited1 opinion

  1. Carr v. Trustees of Emory CollegeSupreme Court of Georgia · 1861

3Cited by1 opinion

  1. Camp v. VaughanSupreme Court of Georgia · 1903

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