Legal Opinion

Winn v. Tabernacle Infirmary

Supreme Court of Georgia

Decided November 18, 1910PublishedCited by 16 opinions

Petition for direction, etc. Before Judge Bell. Fulton superior court. January 14, 1910. The facts of this case are sufficiently stated in the judgment filed by the judge of the trial court, as follows: “Upon agreement between counsel the case was withdrawn from the consideration of the jury, counsel stating that there was no issue of fact involved, and submitted to the court to pass upon all ‘the questions made by the pleadings.

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Petition for direction, etc. Before Judge Bell. Fulton superior court. January 14, 1910. The facts of this case are sufficiently stated in the judgment filed by the judge of the trial court, as follows: “Upon agreement between counsel the case was withdrawn from the consideration of the jury, counsel stating that there was no issue of fact involved, and submitted to the court to pass upon all ‘the questions made by the pleadings. No evidence was submitted and no briefs have been filed; and the court is left to the statements contained in the pleadings to make its findings. On the 2d day of…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.) The construction of this will is not free, from difficulty. In a few brief sentences have been combined some of the most intricate and difficult subjects in the law. The will touches upon bequests of entire income, conditions precedent and subsequent, charges upon income, trusts, a devise in remainder of realty and a bequest of personalty, with the only proviso stated in that connection that the-testator’s daughter should receive a Christian burial. And in another item (not copied in the judgment of the court below) is contained a power of sale and…

2Cited by16 opinions

  1. Wolverine Insurance v. SorroughCourt of Appeals of Georgia · 1970
  2. Schrader v. SchraderSupreme Court of Iowa · 1912
  3. In Re Estate of NugenSupreme Court of Iowa · 1937
  4. Mayor of Gainesville v. Brenau CollegeSupreme Court of Georgia · 1920
  5. Daniel v. Dalton News Co.Court of Appeals of Georgia · 1934

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