Pence v. First National Bank

Supreme Court of Georgia

Pence v. First National Bank

129 S.E.2d 780, 218 Ga. 592, 1963 Ga. LEXIS 268

CourtSupreme Court of Georgia

DecidedJanuary 16, 1963

Docket21851

StatusPublished

This text of 129 S.E.2d 780 (Pence v. First National Bank) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pence v. First National Bank, 129 S.E.2d 780, 218 Ga. 592, 1963 Ga. LEXIS 268 (Ga. 1963).

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Opinion

Grice, Justice.

This case is controlled by the rulings in Carnegie v. First Nat. Bank of Brunswick, ante. In the instant case Polly Carnegie Pence, widow of Carter Beggs Carnegie and mother of Henry Carter Carnegie, assigned error upon the overruling of her amended motion for new trial, complaining of the decree’s determination that she is not a remainderman under the will of Mrs. Lucy C. Carnegie and has no interest in the property involved. She contended that an interest vested in her husband Carter Beggs Carnegie upon the death of [593]*593his father Thomas Morrison Carnegie, in 1944. However, this court in the Carnegie case, supra, held that the interests here involved did not vest until 1962, when the last surviving child of Mrs. Carnegie died. Under that ruling, the interest claimed here belongs to Henry Carter Carnegie.

Submitted November 14, 1962 Decided January 16, 1963. E. Smythe Gambrell, Gambrell, Harlan, Russell, Moye & Richardson, Charles A. Moye, Jr., John W. Chambers, James H. Bratton, Jr., Cicero Garner, Jr., for plaintiff in error. Powell, Goldstein, Frazer & Murphy, James N. Frazer, Edw. E. Dorsey, John Marshall, B. D. Murphy, Chris B. Conyers, Conyers, Fendig, Dickey & Harris, John W. Chambers, Bennet, Gilbert, Gilbert & Whittle, John Gilbert, Julian Bennet, John Gayner, Barrie L. Jones, contra.

Judgment affirmed.

All the Justices concur.

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Grice, Justice.

This case is controlled by the rulings in Carnegie v. First Nat. Bank of Brunswick, ante. In the instant case Polly Carnegie Pence, widow of Carter Beggs Carnegie and mother of Henry Carter Carnegie, assigned error upon the overruling of her amended motion for new trial, complaining of the decree’s determination that she is not a remainderman under the will of Mrs. Lucy C. Carnegie and has no interest in the property involved. She contended that an interest vested in her husband Carter Beggs Carnegie upon the death of [593]*593his father Thomas Morrison Carnegie, in 1944. However, this court in the Carnegie case, supra, held that the interests here involved did not vest until 1962, when the last surviving child of Mrs. Carnegie died. Under that ruling, the interest claimed here belongs to Henry Carter Carnegie.

Submitted November 14, 1962 Decided January 16, 1963. E. Smythe Gambrell, Gambrell, Harlan, Russell, Moye & Richardson, Charles A. Moye, Jr., John W. Chambers, James H. Bratton, Jr., Cicero Garner, Jr., for plaintiff in error. Powell, Goldstein, Frazer & Murphy, James N. Frazer, Edw. E. Dorsey, John Marshall, B. D. Murphy, Chris B. Conyers, Conyers, Fendig, Dickey & Harris, John W. Chambers, Bennet, Gilbert, Gilbert & Whittle, John Gilbert, Julian Bennet, John Gayner, Barrie L. Jones, contra.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

129 S.E.2d 780, 218 Ga. 592, 1963 Ga. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pence-v-first-national-bank-ga-1963.