Bowdre v. Jones
Supreme Court of Georgia
In Equity. In Bichmond Superior Court. Demurrer decided by Judge Hook. October Term, 1864. Edward Bowdre, by his last will and testament made on 23d April, 1850, gave his grandson, the complainant, six negros, describing them by name, and $5,000 in cash, to be delivered over to him when he had arrived at the age of twenty-one years; also, directed that he should be educated out of testator’s general estate.
Read the full summary
In Equity. In Bichmond Superior Court. Demurrer decided by Judge Hook. October Term, 1864. Edward Bowdre, by his last will and testament made on 23d April, 1850, gave his grandson, the complainant, six negros, describing them by name, and $5,000 in cash, to be delivered over to him when he had arrived at the age of twenty-one years; also, directed that he should be educated out of testator’s general estate. A similar bequest of negroes and money was made to another grandson of the testator ; and then the will declared that if either of the grandsons died before arriving at twenty-one years of…
1Opinion of the CourtILaeeis, J.
We concur with our brother Ilook in his decision on the demurrer to the bill of complaint, that the money legacy given by the grandfather is not specific,-and consequently does not bear interest except from the time appointed for its payment.
We recognize, fully, the well settled rule, that specific legacies generally carry with them the right of the legatees to income or interest. It is a rule not made by legislation but by the Courts, solely with a view to give effect to what was conjectured to be the design of the testator. It is apprehended that the clear intention of the testator must, if…
2Cited by2 opinions
- Cheshire v. KeatonSupreme Court of Georgia · 1937
- Marconnier v. PrestonWashington Supreme Court · 1917