West v. Bolton
Supreme Court of Georgia
In Equity, from Wilkes Superior Court. Tried before Judge Thomas, September Term, 1857. James Nolan of the county of Wilkes, departed this life in the year 1856, leaving his last will and testament, the third and sixth items of which are as follows: “ Third: The balance of my property of every description, I will and bequeath as follows: One equal part or share to the children of my deceased daughter Polly Bolton.
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In Equity, from Wilkes Superior Court. Tried before Judge Thomas, September Term, 1857. James Nolan of the county of Wilkes, departed this life in the year 1856, leaving his last will and testament, the third and sixth items of which are as follows: “ Third: The balance of my property of every description, I will and bequeath as follows: One equal part or share to the children of my deceased daughter Polly Bolton. One equal part or share to my daughter Nancy West, during her life, and after her death to go to her children. One equal part or share to my daughter Frances Hughey, and one equal…
1Opinion of the Court
By the Court. —
Benning, J.
delivering the opinion.
The Court charged the jury, that the children of Mr. and Mrs. Bolton, were not bound to account for advancements made to Mr. and Mrs. Bolton. Was this charge right ?
The words of the will are, “ each one shall be charged with, and account for, all money or property they have received from me, so as to make them share, equally in the property to be divided and in advances.”
By the words “each one,” “they,” “them,” the testator, no doubt, meant, the persons named as legatees, in the third item of his will. Among those persons, were “ the children…
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