Bryan v. Duncan
Supreme Court of Georgia
In Equity, in Dooly Superior Court. Tried before Judge Warren, November Term, 1851. The bill filed in this case, by plaintiff in error, as the trustee of Mrs. Mary Wallace, a feme covert, set forth that Wm.
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In Equity, in Dooly Superior Court. Tried before Judge Warren, November Term, 1851. The bill filed in this case, by plaintiff in error, as the trustee of Mrs. Mary Wallace, a feme covert, set forth that Wm. Britton, by his last will, made the following bequest: “ Item. — I lend to my niece, Mary Edwards, one negro girl and her increase, Oorboro, during my niece’s natural life, and at her death to the lawful issue of her body,” with a limitation over, in case of her death without lawful issue. Mary Wallace intermarried with Richard Wallace, and had issue, William S. Wallace. .Richard Wallace…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
On the trial of this cause in the Court below, various excep*74tions were taken to the rulings of the Court, most of which, must necessarily depend upon the decision of the main and controlling question made by the record.
The great question in the cause is, whether the defendant, George M. Duncan, who was appointed trustee of Mrs. Wallace, of what was supposed to be her separate property, under the last will and testament of Wm. Britton, deceased, and who accepted the trust, is now estopped from setting up a title to the property derived from Mary…
2Cited by10 opinions
- Hardeman v. EllisSupreme Court of Georgia · 1926
- Collier v. CollierSupreme Court of Georgia · 1912
- Dorsey v. GreenSupreme Court of Georgia · 1947
- Crawford v. ClarkSupreme Court of Georgia · 1900
- Smith v. WilliamsSupreme Court of Georgia · 1892
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