Davis v. Sanders
Supreme Court of Georgia
Petition for direction. Before Judge Lewis. Jasper superior court. December 7, 1904. In 1895 W. C. Leverett executed his last will and testament, the fourth item of which is as follows: “ Having heretofore disposed, by deed or otherwise, of all my real estate, I desire and direct that my personal property be divided equally between my wife Fannie J. Leverett, my daughter-in-law Ella Leverett, and her children, my daughter Sallie Pound, and her children, and Bettie Sanders,…
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Petition for direction. Before Judge Lewis. Jasper superior court. December 7, 1904. In 1895 W. C. Leverett executed his last will and testament, the fourth item of which is as follows: “ Having heretofore disposed, by deed or otherwise, of all my real estate, I desire and direct that my personal property be divided equally between my wife Fannie J. Leverett, my daughter-in-law Ella Leverett, and her children, my daughter Sallie Pound, and her children, and Bettie Sanders, and her children now or hereafter born, my idea being to divide said personalty into four shares, my said wife to have…
1Opinion of the CourtEvans, J.
' (After stating the facts.) A gift to a class does not lose its character as a class gift because some of the individuals of the class are named. If the devisé or legacy is to named individuals of a definite moiety, the devisees or legatees do not take as a class, notwithstanding they may sustain to the testator the same relation, and all might have been included under a general description, such as children, nephews, or the like. But where one of the persons who is to take with the class is named, and the others are uncertain in number, to be ascertained in the future, the share of each…
2Cases cited5 opinions
- Cheney v. SelmanSupreme Court of Georgia · 1883
- Davie v. WynnSupreme Court of Georgia · 1888
- Martin v. Trustees of Mercer UniversitySupreme Court of Georgia · 1896
- Tolbert v. BurnsSupreme Court of Georgia · 1888
- Parker v. ChurchillSupreme Court of Georgia · 1898
3Cited by6 opinions
- Bryant v. GreenSupreme Court of Georgia · 1938
- Veal v. KingSupreme Court of Georgia · 1960
- Graham v. PattonSupreme Court of Georgia · 1973
- Johns v. Citizens & Southern National BankSupreme Court of Georgia · 1950
- In re the Estate of ParantNew York Surrogate's Court · 1963
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