Fulghum v. Strickland
Supreme Court of Georgia
Equitable petition. Before Judge Spence. Terrell superior court. December 2, 1904. Mrs. Mabel C. Strickland brought suit against the executors of S. T. Jordan, deceased, to recover a legacy claimed under the will of S. T. Jordan.
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Equitable petition. Before Judge Spence. Terrell superior court. December 2, 1904. Mrs. Mabel C. Strickland brought suit against the executors of S. T. Jordan, deceased, to recover a legacy claimed under the will of S. T. Jordan. It appears from the petition that Jordan died after the execution of his last will and testament, which is as follows: “I, S. T. Jordan, of the County of Terrell, and State of Georgia, being of sound and disposing mind and memory, and being desirous to settle my worldly affairs while I have the strength so to do, do make and publish this my last will and testament,…
1Opinion of the CourtEvans, J.
(After stating the facts.) The general rule is that in a devise to children as a class, the word “ children ” is to be construed as immediate offspring, and will not include grandchildren. So universal has this rule of construction obtained, that Sir William Grant said he “never knew of an instance *261where there were children, to answer the proper description, that grandchildren were permitted to share along with them.” Oxford v. Churchill, 3 Ves. & Beam. 53. This principle is firmly intrenched in the law of this State, and grandchildren can not take under a bequest to children unless there be…
2Cases cited7 opinions
- Crawley v. KendrickSupreme Court of Georgia · 1905
- White v. RowlandSupreme Court of Georgia · 1881
- Willis v. JenkinsSupreme Court of Georgia · 1860
- Davie v. WynnSupreme Court of Georgia · 1888
- Martin v. Trustees of Mercer UniversitySupreme Court of Georgia · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Forlaw v. Augusta Naval Stores Co.Supreme Court of Georgia · 1905
- Toucher v. HawkinsSupreme Court of Georgia · 1924
- Bryant v. GreenSupreme Court of Georgia · 1938
- Brown v. LaneSupreme Court of Georgia · 1917
- Davidson v. BlackwellSupreme Court of Georgia · 1921
6 more not listed; retrieve them via the Exa API.