Cleghorn v. Smith
Supreme Court of Georgia
Estates. Title. Trusts. Before Judge Maddox. Floyd superior court. March adjourned term, 1889. On September, 1857, Chas.
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Estates. Title. Trusts. Before Judge Maddox. Floyd superior court. March adjourned term, 1889. On September, 1857, Chas. O. Force and Mary Smith (widow of Nathaniel Smith), in consideration of a marriage to be solemnized between them (which was solemnized on the same day), executed a deed of settlement with T. J. Word, trustee, whereby it was agreed that all the property of Mrs. Smith, embracing her interest in the estate of Nathaniel Smith (the property in dispute in this case being a part of it), should remain her separate property and estate, not subject to the control, debts or…
1Opinion of the Court
Simmons, Justice.
The only question insisted upon before us for a reversal of the judgment of the court below, was the construction of the marriage settlement entered into between Mary Smith and Charles O. Force, in 1857. The trial judge held that under that settlement Mrs. Smith (subsequently Mrs. Force) had only a life estate in the property, and that when she and her trustee sold the property to Scott, they sold only a life estate, it being admitted that Mrs. Force died before her husband, Charles O. Force. This holding the plaintiffs in error contend was erroneous. We do not think so, and…
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