Hopkins v. Long
Supreme Court of Georgia
In Equity, in Camden Superior Court. Tried before Judge H. R. Jackson, November Term,. 1850. This cause was brought béfore this Comí upon the following agreed statement of facts: William T. Hopkins died about the month of March, 1848.. He left a widow and one child — the complainants. He also left a will, appointing the defendants in error executors, who shortly thereafter qualified as such.
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In Equity, in Camden Superior Court. Tried before Judge H. R. Jackson, November Term,. 1850. This cause was brought béfore this Comí upon the following agreed statement of facts: William T. Hopkins died about the month of March, 1848.. He left a widow and one child — the complainants. He also left a will, appointing the defendants in error executors, who shortly thereafter qualified as such. By this will he devised and bequeathed to his wife, the complainant, as follows: “ I devise and bequeath the following property,, viz: seventeen negroes, with their future'issue and increase (naming…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The only question made by the record in this case is, whether the widow and child of the testator are entitled to a reasonable support and maintenance, for twelve' months next ensuing after his death, out of his estate, under the provisions of the Act of 1838. The Court below ruled, that the Act applied to insolvent estates only, and not to solvent estates. We are of the opinion, from a careful reading of the enacting clause of the Statute, when taken in connexion with the title thereof, that it was the intention of the Legislature to make…
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