Brown v. Weaver
Supreme Court of Georgia
In. Equity, in Walton superior court. Decision by Judge Hutchins, February Term, 1859. This was a bill in equity for discovery, account and distribution in Walton superior court, tried before Judge Hutchins at the February Term, 1859. The case comes on an agreed state of facts. George R. Brown died, leaving a will, of which the following is a copy, so far as relates to the issues in this case: “ Item 2d.
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In. Equity, in Walton superior court. Decision by Judge Hutchins, February Term, 1859. This was a bill in equity for discovery, account and distribution in Walton superior court, tried before Judge Hutchins at the February Term, 1859. The case comes on an agreed state of facts. George R. Brown died, leaving a will, of which the following is a copy, so far as relates to the issues in this case: “ Item 2d. I give and bequeath unto my beloved wife during her widowhood all my property, real and personal, subject, however, to the provisions hereinafter mentioned, &c. Item 3rd. I have heretofore…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
1. We think the words of this will clearly express the idea, that in the first place, all the sons besides Samuel shall be made equal with him when they marry or settle in life; and that all the daughters besides Nancy shall be made equal with her when they marry, and then the residue of the estate is to be equally divided among all, sons and daughters alike. Nor can the effect of these words be overruled by certain other words directing that the wife, in the event of her subsequent marriage, shall have an equal part with the children. The…
2Cited by6 opinions
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- Blakeman v. HarwellSupreme Court of Georgia · 1944
- Boeger v. LangenbergMissouri Court of Appeals · 1890
- Morton v. MurrellSupreme Court of Georgia · 1881
- Cannon v. First National BankSupreme Court of Georgia · 1976
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