Legal Opinion
MacGregor v. Roux
Supreme Court of Georgia
Decided November 21, 1944No. 15030PublishedCited by 14 opinions
1Opinion of the Court
Atkinson, Justice.
(After stating the foregoing facts.) The dispute in the instant case arises from the fact that the testatrix in item 10(a) of her will uses the language “equally among the grandchildren,” and ends the sentence with the language “per stirpes and not per capita.” The words “per stirpes” and “per capita” both appearing in the same phrase, in the initial approach to the construction of this item, an understanding of the meaning of these terms becomes essential to a proper interpretation of this item. “When issue are said to take per stirpes it is meant that the descendants of a…
2Cases cited11 opinions
- Maclean v. WilliamsSupreme Court of Georgia · 1902
- In re the Judicial Settlement of the Account of Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1913
- In re the Estate of IvesNew York Surrogate's Court · 1936
- Rotmanskey v. HeissCourt of Appeals of Maryland · 1898
- In re the Estate of PerlmutterNew York Surrogate's Court · 1935
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cole v. BaileyCourt of Appeals of Maryland · 1958
- O'REILLY v. JacksonSupreme Court of Missouri · 1954
- Trust Co. Bank v. HeywardSupreme Court of Georgia · 1978
- In Re Last Will and Testament of LewisSupreme Court of Georgia · 1993
- Bennett v. LloydSupreme Court of Georgia · 1980
9 more not listed; retrieve them via the Exa API.