McGinnis v. Foster
Supreme Court of Georgia
In Equity. — Tried before his Honor, Judge Wright, March Term, Forsyth Superior Court, 1848. The facts are stated in the opinion of the Court. argued : 1st. That Robert Foster’s children took a vested interest in remainder at his death. Preston on Estates, 94, 98. Fearne on Rem. 25 Wend. 119. 8 Barns Cress. 231. 1 Watt, fy Sergi. 205. 4 Kent, 201, et seq. 2d. It was a chose in action at the death of Celia McGinnis. 2 Kent, 231, etseq. and cases there cited. 3d.
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In Equity. — Tried before his Honor, Judge Wright, March Term, Forsyth Superior Court, 1848. The facts are stated in the opinion of the Court. argued : 1st. That Robert Foster’s children took a vested interest in remainder at his death. Preston on Estates, 94, 98. Fearne on Rem. 25 Wend. 119. 8 Barns Cress. 231. 1 Watt, fy Sergi. 205. 4 Kent, 201, et seq. 2d. It was a chose in action at the death of Celia McGinnis. 2 Kent, 231, etseq. and cases there cited. 3d. It goes to the husband as Administrator. 2 Kent, 135, and cases cited. 2 Bl. 515, 519. Kotchhiss, 428, Sect. 1.
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Robert Foster, being possesse dof considerable estate, on the 25th of December, 1828, made the following disposition thereof by will: “I give and bequeath unto my beloved wife, Celia Foster, all my estate, both real and personal, after all my just debts and funeral expenses are paid, during her life or widowhood. In *378case my wife should die or exchange her situation by marriage, it is my will that a sale be made of all my property, both real and personal, and the proceeds be equally divided among my children.” Shortly thereafter, the testator…
2Cases cited7 opinions
- Dingley v. DingleyMassachusetts Supreme Judicial Court · 1809
- Mowatt v. CarowNew York Court of Chancery · 1838
- Lee v. Bank of the U. StatesSupreme Court of Virginia · 1838
- Hallowell v. PhippsSupreme Court of Pennsylvania · 1837
- Parsons v. ParsonsSuperior Court of New Hampshire · 1838
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3Cited by25 opinions
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
- Olmstead v. DunnSupreme Court of Georgia · 1884
- Cochran v. GrooverSupreme Court of Georgia · 1923
- Crossley v. LeslieSupreme Court of Georgia · 1908
- Fields v. LewisSupreme Court of Georgia · 1903
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