Word v. Mitchell

Supreme Court of Georgia

Word v. Mitchell

32 Ga. 623

CourtSupreme Court of Georgia

DecidedMay 15, 1861

StatusPublished

Cited by2 cases

This text of 32 Ga. 623 (Word v. Mitchell) 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.

Bluebook

Word v. Mitchell, 32 Ga. 623 (Ga. 1861).

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Opinion

By the Court.

Lyon, J.,

delivering the opinion.

When a legacy fails either by lapse or because it is void at law, it falls into the general residuum and passes to residuary legatee, and not to the next of kin. This is the general rule, and there is nothing in this case constituting it an exception thereto. Dawson vs. Clinch, 15 Vesey, 416; Durvur vs. Motteux, 1 Vesey, Sr., 321; Cambridge vs. Rous, 8 Vesey, 25; 2 Rop. on Leg., 487, 490; Hughes vs. Allen, 31 Ga., 489.

Let the judgment be affirmed.

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By the Court.

Lyon, J.,

delivering the opinion.

When a legacy fails either by lapse or because it is void at law, it falls into the general residuum and passes to residuary legatee, and not to the next of kin. This is the general rule, and there is nothing in this case constituting it an exception thereto. Dawson vs. Clinch, 15 Vesey, 416; Durvur vs. Motteux, 1 Vesey, Sr., 321; Cambridge vs. Rous, 8 Vesey, 25; 2 Rop. on Leg., 487, 490; Hughes vs. Allen, 31 Ga., 489.

Let the judgment be affirmed.

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Bluebook (online)

32 Ga. 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/word-v-mitchell-ga-1861.

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