Lofton v. Murchison
Supreme Court of Georgia
Wills. Estates. Remainders. Before Judge John T. Clarke. Early superior court. April term, 1887. This was an action of ejectment. On the trial, it appeared that the testator’s daughter, to whom the land was devised, conveyed it to the defendants’ ancestor in title. This daughter then had no children. She married after the testator’s death. The plaintiff is her child. A verdict was rendered for the plaintiff; a new trial was granted, and she excepted.
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Wills. Estates. Remainders. Before Judge John T. Clarke. Early superior court. April term, 1887. This was an action of ejectment. On the trial, it appeared that the testator’s daughter, to whom the land was devised, conveyed it to the defendants’ ancestor in title. This daughter then had no children. She married after the testator’s death. The plaintiff is her child. A verdict was rendered for the plaintiff; a new trial was granted, and she excepted. The decision states the other material facts.
1Opinion of the Court
Bleckley, Chief Justice.
The will was made and probated in 1847, long before the adoption of the code, for which reason §2250, if not a mere restatement of- the prior law, has no application to the case. The rule of decision must be found in the law as it existed when the will took effect.
The testator devised to his daughter certain land “ to her and her children, free from the disposition of any future husband.” The daughter then had no children, but bore children after the testator’s death.
Under one of the resolutions in Wilde’s case, 6 Ooke R. 17, as heretofore expounded by this court, this…
2Cases cited4 opinions
- Sanford v. SanfordSupreme Court of Georgia · 1877
- Leroy M. Wiley, Parish & Co. v. SmithSupreme Court of Georgia · 1847
- Butler v. RalstonSupreme Court of Georgia · 1882
- Jossey v. WhiteSupreme Court of Georgia · 1859
3Cited by9 opinions
- Hertz v. AbrahamsSupreme Court of Georgia · 1900
- Baird v. BrookinSupreme Court of Georgia · 1891
- Davis v. HollingsworthSupreme Court of Georgia · 1901
- Riggins v. Adair & McCarty Bros.Supreme Court of Georgia · 1898
- Pelham Phosphate Co. v. DanielsCourt of Appeals of Georgia · 1918
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