Lang v. Vaughn
Supreme Court of Georgia
Interpleader. Before Judge Charlton. Chatham superior court. February 3, 1911. Miss Mary Tupper executed her will in September, 1905. She was then in possession of a certain improved lot in the city of Savannah. She owned in her own right an undivided half interest in the lot and improvements, and held the other undivided half interest as executrix under the will of her sister, Cornelia T. Lang, the mother of Mary T. Lang.
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Interpleader. Before Judge Charlton. Chatham superior court. February 3, 1911. Miss Mary Tupper executed her will in September, 1905. She was then in possession of a certain improved lot in the city of Savannah. She owned in her own right an undivided half interest in the lot and improvements, and held the other undivided half interest as executrix under the will of her sister, Cornelia T. Lang, the mother of Mary T. Lang. The will of Cornelia T. Lang was executed in 1884, and in the second item thereof the undivided half interest belonging to Cornelia T. was devised to her daughter, Mary T.…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.) Counsel for the plaintiff in error contend, that, “when the testator conveys to another the specific property bequeathed and does not afterward become possessed of the same,” whether such legacy is adeemed depends upon the intention ,of the testator; and they rely largely upon the case of Beall v. Blake, 16 Ga. 119, as authority to sustain such contention. One of the headnotes to that case is as follows: “Whether a specific legacy, if not illegal, has been adeemed or not, depends on whether the testator’s intention has been to adeem it.” While this…
2Cases cited5 opinions
- Beall v. BlakeSupreme Court of Georgia · 1854
- Clayton v. AkinSupreme Court of Georgia · 1868
- Smith v. Executors of SmithSupreme Court of Georgia · 1857
- Reed v. ReedSupreme Court of Georgia · 1882
- Worrill v. GillSupreme Court of Georgia · 1872
3Cited by15 opinions
- Pepka v. BranchIndiana Court of Appeals · 1973
- Henderson v. First National Bank of RomeSupreme Court of Georgia · 1939
- Ford v. CottrellTennessee Supreme Court · 1918
- Brown v. HellerNew Mexico Supreme Court · 1924
- Dantone v. DantoneMississippi Supreme Court · 1949
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