Allen v. Whitaker
Supreme Court of Georgia
Trover in Fulton Superior Court. Tried before Judge Bigiiam, April Term, 1861. The bill of exceptions in this case was returned to the last July Term of the Supreme Court at Atlanta. Upon consent of counsel for both parties, the Court ordered it to stand over for argument and decision at this present Term at Milledgeville.
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Trover in Fulton Superior Court. Tried before Judge Bigiiam, April Term, 1861. The bill of exceptions in this case was returned to the last July Term of the Supreme Court at Atlanta. Upon consent of counsel for both parties, the Court ordered it to stand over for argument and decision at this present Term at Milledgeville. The action was Trover for two negroes, and the plaintiff’s title depended upon the will of William Allen, of Elbert county, who died in 1826. The bequest to the plaintiff’s intestate .was in these words : “I give and bequeath to my beloved grand-daughter, Alvira A. C.…
1Opinion of the CourtLyon, J.
The only question in this case depends upon the construction to be given to the 11th item of William Allen’s will, which item is as follows :
“ I give and bequeath to my beloved grand-daughter, Alvira A. C. Allen, one negro girl Mary and her increase, at the death of my wife, or when she marries or becomes twenty-one years of age, to her and her heirs forever.”
The legate died before the happening of either contingency.
Did this legacy create a vested, or a contingent interest depending upon the happening of one of the three contingencies ?
The rule in such cases, as stated in 2 Fecorne on Fern.,…
2Cited by8 opinions
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- In the Matter of Christopher John McLoughlin Bankrupt. Marion B. Stokes, Trustee, Appellant-Cross v. Trust Company of Georgia, Appellee-CrossCourt of Appeals for the Fifth Circuit · 1975
- Owen v. EatonMissouri Court of Appeals · 1894
- Gillespie v. EllisSupreme Court of Georgia · 1929
- Wells v. EllisSupreme Court of Georgia · 1937
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