Rogers v. Highnote
Supreme Court of Georgia
Injunction. Before Judge Little. Muscogee superior court. May 3, 1906. Benjamin Highnote died September 10, 1895, leaving a will which contained the following items: “Third.
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Injunction. Before Judge Little. Muscogee superior court. May 3, 1906. Benjamin Highnote died September 10, 1895, leaving a will which contained the following items: “Third. I give, bequeath, and devise to my beloved wife Sarah all of real estate property consisting of lands described as follows: [describing the land], with all the rights, members, and appurtenances to said described lands in any wise belonging whatever, to her own use and behoof for and during her natural life. I also give and bequeath to wife Sarah in the same manner all of the farming utensils used and belonging to my farm…
1Opinion of the CourtLumpkin, J.
(After stating the facts.)
1. Whether or not the plaintiff was entitled to an injunction depends upon the proper construction of the will of her deceased father. She contends that under its terms she is entitled to have the rents from the property applied to her support so long as she remains single, although the life-tenant is dead; and that her sister, who is married, and is living with her husband, is entitled to no part of such rents. It is alleged that the other children of the testator have conveyed their interest in the estate to these two, so that the only controversy is between them.…
2Cases cited6 opinions
- Cook v. WeaverSupreme Court of Georgia · 1852
- West v. RandleSupreme Court of Georgia · 1887
- Edmondson v. DysonSupreme Court of Georgia · 1847
- Felton v. HillSupreme Court of Georgia · 1871
- Vaughn v. HowardSupreme Court of Georgia · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Martin v. DialTexas Commission of Appeals · 1933
- Blakeman v. HarwellSupreme Court of Georgia · 1944
- Watts v. FinleySupreme Court of Georgia · 1939
- Refinance Corp. v. WilsonSupreme Court of Georgia · 1936
- Rigdon v. CooperSupreme Court of Georgia · 1948
11 more not listed; retrieve them via the Exa API.