Jones v. Jones
Supreme Court of Georgia
In Equity, in Lowndes Superior Court. Decision by Judge Love, June Term, 1856. The following clause was a part of the will of Daniel In-,man: “I loan to my daughter, Sophia Jones, during of her natural life, and then to her bodily heirs, the following property, ■viz : nine negroes,” naming_them.
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In Equity, in Lowndes Superior Court. Decision by Judge Love, June Term, 1856. The following clause was a part of the will of Daniel In-,man: “I loan to my daughter, Sophia Jones, during of her natural life, and then to her bodily heirs, the following property, ■viz : nine negroes,” naming_them. By a deed of gift, Alfred Inman “ loaned to his sister, Sophia, one negro girl, Cinder, during her natural life, and then The Court below, in construing these instruments, held ■that Sophia took an absolute estate in all of these negroes. This decision is assigned as error.
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
It must have been the intention of the makers of the instruments, respectively, to part with the property mentioned in their respective instruments. If so, they must each have used the word “loan” in the sense of the word give.
Taking the word “ loan” in the sense of the word give, are the words of the instruments such, that by the laws of entails, they would, if the property were realty, create an estate tail in Sophia Jones, the first taker ? The Court below held that they were.
And we think that the Court held right, as to the words of the will,…
2Cited by4 opinions
- Gibson v. HardawaySupreme Court of Georgia · 1882
- McCord v. WhiteheadSupreme Court of Georgia · 1896
- Scott v. HarleySupreme Court of Georgia · 1922
- Evans v. EdenfieldSupreme Court of Georgia · 1930