Callaway v. Irvin
Supreme Court of Georgia
Complaint for land. Before Judge Holden. Wilkes superior court. November 8, 1904. On August 25, 1861, Seaborn Callaway died, leaving a will which contained the following provisions: “ Item 2. I wish all my property kept together and used as I have used the same during the life of my wife, she to have the privilege, with the consent of my executors, of giving off to my children, as they become of age or marry, such parts as she and they may select, to be accounted for in the…
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Complaint for land. Before Judge Holden. Wilkes superior court. November 8, 1904. On August 25, 1861, Seaborn Callaway died, leaving a will which contained the following provisions: “ Item 2. I wish all my property kept together and used as I have used the same during the life of my wife, she to have the privilege, with the consent of my executors, of giving off to my children, as they become of age or marry, such parts as she and they may select, to be accounted for in the final division, as shall be also what I have given heretofore to any of my children. Item 3. At the death of my wife, I…
1Opinion of the CourtEvans, J.
(After stating the facts.) 1. As the land which Mrs. Bryant claimed as dower was actually admeasured by commissioners appointed to set apart dower to her out of the lands of her deceased husband, and as she went into possession of this tract, and all persons concerned acquiesced -in her assertion of a dower estate therein, including the defendant’s predecessors in title, it matters not that no formal judgment of the superior court assigning dower to her was shown to have been rendered. Wells v. Dillard, 93 Ga. 682. The right of action of the plaintiff did not accrue until the death of Mrs.…
2Cases cited15 opinions
- De Sollar v. HanscomeSupreme Court of the United States · 1895
- Foster v. Richard BusteedMassachusetts Supreme Judicial Court · 1868
- Draper v. MedlockSupreme Court of Georgia · 1905
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
- Worth v. CarmichaelSupreme Court of Georgia · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Community State Bank v. StrongCourt of Appeals for the Eleventh Circuit · 2011
- Usher v. JohnsonCourt of Appeals of Georgia · 1981
- Rogers v. Toccoa Power Co.Supreme Court of Georgia · 1926
- Bonds v. BrownSupreme Court of Georgia · 1909
- Matson v. PoncinSupreme Court of Iowa · 1911
28 more not listed; retrieve them via the Exa API.