Snider v. Newsom
Supreme Court of Georgia
In Equity, from Lee. Decision on demurrer by Judge Allen, January adjourned Term, 1858. On the 31st January, 1855, Caesar A. Savage, of the county of Lee, duly made and executed his last will and testament, and shortly thereafter departed this life. The following is a copy of said will, left in full force and unrevoked by deceased at his death: Georgia, Lee County : In the name of God, amen.
Read the full summary
In Equity, from Lee. Decision on demurrer by Judge Allen, January adjourned Term, 1858. On the 31st January, 1855, Caesar A. Savage, of the county of Lee, duly made and executed his last will and testament, and shortly thereafter departed this life. The following is a copy of said will, left in full force and unrevoked by deceased at his death: Georgia, Lee County : In the name of God, amen. I, Ca:sar A. Savage, being weak in body but of sound mind, memory and understanding, and considering the certainty of death, and the uncertainty of the time thereof, and to this end, that I may be the…
1Opinion of the CourtBenning, J.
By the Court. delivering the opinion.
There was a gift, over, “in case” the widow should “marry again.” This gift, over, if in itself, good, put it beyond a doubt, that the widow by marrying lost her legacy.
“It is agreed on all hands that, (however restrictive of marriage,” the condition,) “when the legacy is given over to other uses, the testator shall be deemed to regard those uses.; Lord Thurlow in Scott vs. Tyler, 2 Brown Ch. R. 488.
“Yet, though strict words of condition be used in the creation of the estate, if on breach of the condition the estate be limited over to a third person, and…
2Cited by6 opinions
- McDonald v. SuarezSupreme Court of Georgia · 1956
- Logan v. HammondSupreme Court of Georgia · 1923
- Helm v. LeggettSupreme Court of Arkansas · 1898
- McCray v. CavesSupreme Court of Georgia · 1955
- Eller v. WagesSupreme Court of Georgia · 1964
1 more not listed; retrieve them via the Exa API.