Hunter v. Stembridge
Supreme Court of Georgia
In Equity, from Crawford County. Decision by Judge Rowers. In 1837, Thomas Stembridge made his will, and, by the third item thereof, he gave to his son, Henry R. M. Stem-bridge, his plantation, comprised in lot of land number twenty-six, in the third district of Houston County. By the first item of the will he said, “ I allow my son Henry R. M. Stembridge to give her (wife Sarah) a support out of the plantation, during her life time.” Thos.
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In Equity, from Crawford County. Decision by Judge Rowers. In 1837, Thomas Stembridge made his will, and, by the third item thereof, he gave to his son, Henry R. M. Stem-bridge, his plantation, comprised in lot of land number twenty-six, in the third district of Houston County. By the first item of the will he said, “ I allow my son Henry R. M. Stembridge to give her (wife Sarah) a support out of the plantation, during her life time.” Thos. Stembridge died, and his will was duly proven, Henry R. M. Stembridge afterwards died intestate, and George R. Hunter was appointed his administrator. The…
1Opinion of the Court
By the Court.
Benninh, J.
delivering the opinion.
Mrs. Sarah Stembridge says, in the bill that she ratifies the sale of the land.
This sale took place in pursuance of the agreement entered into by John Stembridge, her trustee, with Nelson — an agreement by which she was to relinquish her right to a support, during her life, from the land; and in lieu of that right, accept, first, the bond of Nelson, binding him to deposit with *247Hunter two hundred dollars, to be applied to her support, at the rate of fifty dollars a year; and also, binding him, if she-should live so long as to require more than the…
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