Holcombe v. Tuffts
Supreme Court of Georgia
In Equity. Decision on demurrer, by Judge Merriwether, in Jones Superior Court, October Term, 1849. By a marriage contract between Francis Tuffts and Charity Garrett, the property of the wife was conveyed to a trustee, “ for-the proper use and behoof of the said Francis and Charity, during the natural life of the said Charity, and after the death of the said Francis Tuffts, in the event of the wife’s surviving him, then to the proper use and behoof of herself and her right…
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In Equity. Decision on demurrer, by Judge Merriwether, in Jones Superior Court, October Term, 1849. By a marriage contract between Francis Tuffts and Charity Garrett, the property of the wife was conveyed to a trustee, “ for-the proper use and behoof of the said Francis and Charity, during the natural life of the said Charity, and after the death of the said Francis Tuffts, in the event of the wife’s surviving him, then to the proper use and behoof of herself and her right heirs, forever. In the event of the husband’s surviving the wife, then to the use of such persons as the wife might, by…
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
[1.] By reference to the Reporter’s statement of facts, it will be seen that Charity Garrett died, leaving two children and her husband, Francis Tuffts, surviving, without having made any appointment. The children both died — their father, Francis Tuffts, surviving them. He having died, and his life estate determining, the question is, whether the property embraced in the settlement vested in the children surviving their mother, and descends to their heirs, or whether it passes to the right heirs of Charity Garrett ? This is the sole question…
2Cases cited1 opinion
- Hoagland v. MooreIndiana Supreme Court · 1828
3Cited by6 opinions
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- Dickinson v. HoldenSupreme Court of Georgia · 1910
- Lufburrow v. KochSupreme Court of Georgia · 1885
- Lufburrow v. KochSupreme Court of Georgia · 1885
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