Barmore v. Gilbert
Supreme Court of Georgia
Appeal; construction of will. Before Judge Blair. Cobb superior court. April 9, 1920. J. F. Barmore died testate. The provisions of, his will (omitting the first item relating to the payment of his debts) were as follows: “ Item two. I will, devise, and bequeath to my beloved wife, Josephine Barmore, all the property, both real and personal, that I may die seized of, for and during her natural life or widowhood. “ Item three.
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Appeal; construction of will. Before Judge Blair. Cobb superior court. April 9, 1920. J. F. Barmore died testate. The provisions of, his will (omitting the first item relating to the payment of his debts) were as follows: “ Item two. I will, devise, and bequeath to my beloved wife, Josephine Barmore, all the property, both real and personal, that I may die seized of, for and during her natural life or widowhood. “ Item three. I desire and direct that my wife shall use only the income from my property, and under no condition is she to encroach on the corpus, as the income of money that I have…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.) As to the rights and liabilities of a tenant for life, the Civil Code (1910), § 3666, declares: “ The tenant for life is entitled to the full use and enjoyment of the property, so that in such use he exercises the ordinary care- of a prudent man for its preservation and protection, and commits no acts tending to the permanent injury of the person entitled in remainder or reversion. For the want of such care, and the willful commission of such acts, he forfeits his interest to the remainderman, if he elects to claim immediate possession.” So, in Bowman v.…
2Cases cited10 opinions
- Thomas v. OwensSupreme Court of Georgia · 1908
- Crawford v. ClarkSupreme Court of Georgia · 1900
- Philips v. CrewsSupreme Court of Georgia · 1880
- Bowman v. LongSupreme Court of Georgia · 1858
- Thornton v. BurchSupreme Court of Georgia · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bienvenu v. First National Bank of AtlantaSupreme Court of Georgia · 1941
- Clark v. LeverettSupreme Court of Georgia · 1924
- Crisp County Lumber Co. v. BridgesSupreme Court of Georgia · 1939
- Osborn v. MorrisonSupreme Court of Georgia · 1963
- Daniel v. DenhamSupreme Court of Georgia · 1967
7 more not listed; retrieve them via the Exa API.