Orme v. Tolbert
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Fulton superior court. July 5, 1916. Mark L. Tolbert, having three unmarried minor children, to wit, Mark, Harry, and Alline, on October 9, 1900, made his will, as follows: “Item one. [Executors were appointed.] “Item two.
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Equitable petition. Before Judge Pendleton. Fulton superior court. July 5, 1916. Mark L. Tolbert, having three unmarried minor children, to wit, Mark, Harry, and Alline, on October 9, 1900, made his will, as follows: “Item one. [Executors were appointed.] “Item two. On the probate of this will, if circumstances are favorable, my said executors shall dispose, at either public or private sale, of my outside and vacant property, and pay off my indebtedness; but if they deem the time unfavorable, they shall delay such sales unto such time as they think best. In the meantime, they are authorized…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The correctness of the judgment complained of involves a construction of the will of Mark L. Tolbert. If we give to it a fair interpretation, the only conclusion which can be reached is that the share devised to his son Mark, upon his death before the 25th birthday anniversary of his sister Alline, passed to his surviving brother and sister under the will, subject to the limitations therein imposed. The second item of the will relates to the powers given to his executors in raising funds to pay his debts and to free his property from incumbrances. The…
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