Hudgens v. Wilkins
Supreme Court of Georgia
Wills. Estates. Remainders. Construction. Before Judge Lumpkin. Elbert Superior Court. March Term, 1886. Hudgens, executor of Clement Wilkins, filed his bill, praying for construction of the first item of his testator’s will and for direction as to division of his testator’s estate under it. The will is sufficiently set out in the decision. At the time of his death, the testator had four sons living.
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Wills. Estates. Remainders. Construction. Before Judge Lumpkin. Elbert Superior Court. March Term, 1886. Hudgens, executor of Clement Wilkins, filed his bill, praying for construction of the first item of his testator’s will and for direction as to division of his testator’s estate under it. The will is sufficiently set out in the decision. At the time of his death, the testator had four sons living. One is still alive; another died before the life tenant, leaving two daughters ; a third died childless during the life of the life tenant, leaving a widow; and the fourth died during the…
1Opinion of the Court
Jackson, Chief Justice.
The sole question in this case is, whether the following clause of the will of Clement Wilkins, construed in the light of expressions in subsequent clauses, this being the first, conveyed a vested or a contingent remainder to his sons living at his death. The first clause is as follows:
“I lend unto my beloved wife, Mary R. Wilkins, all the lands which I may die possessed of in Elbert county, during her natural life, for her to support herself and my children which may remain with her on the land, and after the death of my wife, this land to be equally divided between…
2Cases cited5 opinions
- Travis v. MorrisonSupreme Court of Alabama · 1856
- McGinnis v. FosterSupreme Court of Georgia · 1848
- Darnell v. BartonSupreme Court of Georgia · 1885
- Burch v. BurchSupreme Court of Georgia · 1857
- Smith v. JohnsonSupreme Court of Georgia · 1857
3Cited by12 opinions
- Fields v. LewisSupreme Court of Georgia · 1903
- Lumpkin v. PattersonSupreme Court of Georgia · 1930
- Daniel v. DanielSupreme Court of Georgia · 1897
- Reynolds v. DolvinSupreme Court of Georgia · 1922
- Rollins v. DavisSupreme Court of Georgia · 1895
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