Hatcher v. Smith
Supreme Court of Georgia
Levy and claim. Before Judge Callaway. Columbia superior court. March term, 1897. An execution in favor of J. F. Hatcher against John L. Smith was levied upon “the life-interest of John L. Smith in 300 acres of land in Columbia county, Georgia, and 45 shares of the capital stock of the Georgia Railroad & Banking Company, passing under the will of John Smith, as tenant in common with Bessie H. Smith, wife of John L. Smith, and Alma J. Water and Eleanor Smith, children of John…
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Levy and claim. Before Judge Callaway. Columbia superior court. March term, 1897. An execution in favor of J. F. Hatcher against John L. Smith was levied upon “the life-interest of John L. Smith in 300 acres of land in Columbia county, Georgia, and 45 shares of the capital stock of the Georgia Railroad & Banking Company, passing under the will of John Smith, as tenant in common with Bessie H. Smith, wife of John L. Smith, and Alma J. Water and Eleanor Smith, children of John L. Smith.” John L. Smith interposed a claim, as trustee for his wife, Bessie H. Smith, and his two children, Alma H.…
1Opinion of the CourtFish, J.
1. The first headnote sets forth the material parts of the will under which John L. Smith, as trustee, claimed the property levied upon. We deem it unnecessary to express our opinion as to whether or not, under the terms of the will, there was a subsisting executory trust when the claim was interposed, and whether John L. Smith had a life-interest only in the usufruct or in the corpus of the estate. For, granting that the trust, if any, was executed, and that, under a proper construction of the will, he had a legal life-estaté in the corpus of the land and railroad-stock in question, it was…
2Cases cited1 opinion
- Bozeman v. Bishop & PritchardSupreme Court of Georgia · 1894
3Cited by3 opinions
- Cooper v. DavisSupreme Court of Georgia · 1932
- Brother v. NashSupreme Court of Georgia · 1906
- Mattox v. DeadwylerSupreme Court of Georgia · 1908