Crumley v. Scales
Supreme Court of Georgia
Petition for injunction. Before Judge Pendleton. -Fulton superior court. May 21, 1910. Certain minors, by their next friend, filed their petition, making substantially tlie following allegations: Maxwell E. Berly died leaving a will, the 12th item of which is as follows: “I give, devise, and bequeath, absolutely in fee simple, all the balance of my property which I may own at the time of my death, both real and personal, 'and wherever located, in equal shares to my four…
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Petition for injunction. Before Judge Pendleton. -Fulton superior court. May 21, 1910. Certain minors, by their next friend, filed their petition, making substantially tlie following allegations: Maxwell E. Berly died leaving a will, the 12th item of which is as follows: “I give, devise, and bequeath, absolutely in fee simple, all the balance of my property which I may own at the time of my death, both real and personal, 'and wherever located, in equal shares to my four daughters, Carrie M. Crumley, Mary Z. Scales, Fannie A. Wright, and -Maggie S. McBurney. Should any of my said children die…
1Opinion of the CourtHolden, J.
(After stating the facts.) The plaintiffs in error (who were the plaintiffs in the court below) are the children of three of the daughters referred to in the 12th item of the will. They contend that under this item they are contingent remainder-men, or executory devisees, with respect to the realty and personalty therein devised and bequeathed. The daughters of the testator, who are the defendants in error, and who were the defendants in the court below, claim that, by reason of their having survived the testator, they own the fee-simple title to the property devised in this item of the will.…
2Cases cited12 opinions
- Sumpter v. CarterSupreme Court of Georgia · 1902
- Thomas v. OwensSupreme Court of Georgia · 1908
- Smith v. SmithSupreme Court of Alabama · 1908
- Wills v. WillsCourt of Appeals of Kentucky · 1887
- Crossley v. LeslieSupreme Court of Georgia · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Moore v. CookSupreme Court of Georgia · 1922
- Watts v. FinleySupreme Court of Georgia · 1939
- Munford v. PeeplesSupreme Court of Georgia · 1921
- Sanders v. First Nat. Bank of AtlantaSupreme Court of Georgia · 1939
- Smith v. SladeSupreme Court of Georgia · 1921
14 more not listed; retrieve them via the Exa API.