Weems v. Andrews
Supreme Court of Georgia
In Equity, from Henry Superior Court. Decision by Judge Green, at Chambers, 25th July, 1856. The bill in this case, was filed by Samuel R. Weems and Henry G. Andrews as executors of the last will and testament of Samuel Weems, deceased, to obtain the construction by the Court of Equity of certain clauses in said will in connection with certain deeds executed by said testator prior to the making of his will, and for the purpose of getting the instruction and direction of the…
Read the full summary
In Equity, from Henry Superior Court. Decision by Judge Green, at Chambers, 25th July, 1856. The bill in this case, was filed by Samuel R. Weems and Henry G. Andrews as executors of the last will and testament of Samuel Weems, deceased, to obtain the construction by the Court of Equity of certain clauses in said will in connection with certain deeds executed by said testator prior to the making of his will, and for the purpose of getting the instruction and direction of the Court as to the payment and distribution of the residuum of testator’s estate. Testator, on the 11th February 1851, by…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
In the view the Court takes of this case, there is not much difficulty about it
The testator in his lifetime advanced to his three sons, certain unequal portions in real estate. He fixes its value, and directs thatit be counted in the final distribution of his estate, not only for the purpose of equalizing this three sons with the rest of his children, but with each other.
It has been questioned whether advances made before the making of a will, will adeem a legacy or a residuary portion given by the will. The case of TJpton and Prince, reported in…
2Cited by3 opinions
- Holliday v. WingfieldSupreme Court of Georgia · 1877
- Barron v. BarronSupreme Court of Georgia · 1935
- Roberts v. WilsonSupreme Court of Georgia · 1946