Willis v. Jenkins
Supreme Court of Georgia
Bill in Equity, in Pike Superior Court. Demurrer sustained by Judge Cabaniss, at Chambers, 1st of February, 1860. This was a bill brought by the children of Sarah Willis, deceased, against the executor of her father John Jenkins, deceased, for the recovery of a residuary legacy contained in the 6th item of the will, in these words: “ All the rest of my estate, not herein specially disposed of, real as well as personal, I give to my beloved wife, Polly, during her life and…
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Bill in Equity, in Pike Superior Court. Demurrer sustained by Judge Cabaniss, at Chambers, 1st of February, 1860. This was a bill brought by the children of Sarah Willis, deceased, against the executor of her father John Jenkins, deceased, for the recovery of a residuary legacy contained in the 6th item of the will, in these words: “ All the rest of my estate, not herein specially disposed of, real as well as personal, I give to my beloved wife, Polly, during her life and the continuance of her widowhood, and after her death, the land I now live on, in the county of Pike, to go to my son,…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
1. We think that these complainants are clearly not entitled to anything under this will, as it stands. The clause under which they claim, is to such children (sons and daughters) of the testator as shall be in life at the death of his widow. The mother of these complainants, Mrs. Willis, was a child, of the testator, but she was not in life at the death of his widow. She therefore took nothing, and they cannot get anything through her. It is equally clear that they cannot take in their own right. For them to do so, they must be embraced in the…
2Cited by19 opinions
- Crawley v. KendrickSupreme Court of Georgia · 1905
- White v. RowlandSupreme Court of Georgia · 1881
- Toucher v. HawkinsSupreme Court of Georgia · 1924
- Armstrong Junior College Commission v. LiveseySupreme Court of Georgia · 1940
- Burgess v. HargroveTexas Supreme Court · 1885
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