Mathews v. Paradise
Supreme Court of Georgia
Wills. Estates. Life Estate. Trusts and Trustees. Levy and Sale. Before Judge Carswell. Washington Superior Court. September Term, 1884. To the report contained in the decision, it is only necessary to add that a fi. fa. against Almira J. Paradise was levied on her life estate in certain lands.
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Wills. Estates. Life Estate. Trusts and Trustees. Levy and Sale. Before Judge Carswell. Washington Superior Court. September Term, 1884. To the report contained in the decision, it is only necessary to add that a fi. fa. against Almira J. Paradise was levied on her life estate in certain lands. She interposed an affidavit of illegality, alleging that she received the property under the seventh item of her father’s will, which is set out in the decision, and that such estate was not subject to sale under thef.fa. The case was submitted to the court, who sustained the illegality and dismissed…
1Opinion of the Court
Blandford, Justice.
The question here is, whether certain land devised to defendant in error under the will of her father, Robert 'Whitfield, is subject to be sold under execution founded on'judgments against her. The will is as follows :
“ I loan to my daughter, Almira J. Paradise, wife of John IV. Paradise, during her natural life, and for her sole and separate use and benefit (the land levied on), not subject to the debts of John W. Paradise, made or to be made, nor any future husband, not to be sold from her, as a life estate, but to remain in her possession through life, to enable her to…
2Cited by7 opinions
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- Carswell v. LovettSupreme Court of Georgia · 1888
- Lemon v. LemonSupreme Court of Georgia · 1914
- Clanton v. EstesSupreme Court of Georgia · 1887
- Harrold, Johnson & Co. v. WestbrookSupreme Court of Georgia · 1887
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