Johnson v. Folsom
Supreme Court of Georgia
Action to recover legacy. Before Judge Pendleton. Fulton superior court. March 18, 1915. Leonard B. Folsom died testate.
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Action to recover legacy. Before Judge Pendleton. Fulton superior court. March 18, 1915. Leonard B. Folsom died testate. The fifteenth item of his will was as follows: “I will and bequeath the sum of twenty-five hundred ($2,500.00) to my faithful and worthy friend and employee, Jacob Y. Johnson, who has been with me in my employment for many years, and who has helped me to build up my business, and therefore deserves well of me, and for whom I desire in some measure to provide after my death; that is to say, $2,500.00 to Jacob Y. Johnson, provided he is in my employment at the time of my…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The plaintiffs press their claim on the theory that the legacy to their ancestor had not lapsed. If the legacy had been absolute, there would not have been a lapse, inasmuch as the legatee left issue living at the death of the testator. Civil Code (1910), § 3906. But the legacy to Johnson under this will was not absolute; it was upon the condition that Jacob V. Johnson was in the employment of the testator at his death. The benefactions of the testator to other employees in other items of his will were limited to those in his employment at the time of his…
2Cases cited1 opinion
- Jones v. FolsomSupreme Court of Georgia · 1915
3Cited by1 opinion
- Powell v. WatkinsSupreme Court of Georgia · 1966