Savannah morning news. [volume] (Savannah) 1868-1887, 1884-06-14

Decision in the Olmstead-Dunn Win
Case from the City Court OF Savannah.

Decision IN the OlmAteaA-DoAAA y -
Case from the City Court OF Savannah.
The Supreme Court on Tuesday handed
down a decision in the Olmstead-Dunn
will case from the City Court Of savan-
nah. argued before the last term Of the
SUPREME Court and decision reserved.
The case was entitled: Olmstead, by
raxt friend. vs.. Dunn et al; Dunn ct al,
nv next friend. VS.. Rogers, trustee, Dunn
V. Rogers. trustee, ct al. Equity. Wills.
Estates. Legaeies. Title. The attor-
news in the case were Denmark & Adams,
for pIainfiff IN error in first case; j. r.
Saussv. Chisholm & Erwin. Garrard
Meldrim. for defendants; Chisholm & Er-
win. for plaintiffs in error in second case;
J. r. Ssussv. Denmark & Adams. Gar
rard & Neldrim. for defendant; Chisholm
& Erwin. for plaintiff in error in third
case: Denmark & Adams. Garrard & Mel
drim. J. Z. SaUssy, for defendants. The
decision affirmed the Judgment OF the
City Court and is as follows:
JACKsoN. c. J.
]. Certain forms are necessary in order for
q testafor 70 put down his intention on paper,
80 that the courts may reasonably be assures
that be made and published the paper as MS
Will Thus. a certain attestaiiOn. Signature
etc. i required. But when that assurance Is
had aud to probate court has pronounced
the pa per 10 be the will o. the testat0r. then
il Is the law Of his property with certain
fundamental restrictiOus). and the question
becomes what did the testat0r say and what
did he intend by that papers What ne said
in IL read in the light OF the circumstances
surrounding him when he made It. Is what ne
/ intended to be done with his estate. and
therefore what viii be done with II.
| la}. Each viii must be construed for itself
| and ia large part depends upon its own terms
and the peculiar circumstances surrounding
! To- Among the most important surround
| ing circumstances are the recipients Of Tesla
/ tors bounty. their relations 10 him and asso-
/ Citations with him. his uniform affection for
/ them. or any interruption thereof. Ca, 80 ::
/ 9 Leigh. 20: 8 Wall. AS. 4 ga. 464.
= 4 vested remainder Is one limited 70 a
/ certain person at certain time or upon the
/ happening OF a certain event The law fayOTs
/ the Vesting OF remalndersln ali cases OF doubt,
| and in constituting wills. words OF survivor
/ ship viii refer 10 the death Of the testatOr IN
| order TO vest remainders. unless manifest
/ intention TO the contrary appears. Code,
1 C6Z265, 2769; Ca, 3s2. ID, "a; Kent. 2l3;
| Macs. 535: Ca, 463; Wall, 2s6; Id,
! 49, Fearne. ZIG; . Jar. Wills TOi, note 2.
| g. The fourth item Of a testatOr's viii con-
/ tanned the following provision: 1t IS my
| viii that my executors hoi1 anu nave my Two
| lots numbers five and SIX, Eyles tything.
| Hrathcote ward. and also my lot number ten,
| First tything. Reynolds ward ana all improve
! ments thereon. IN truss 10 ana LOT the use OF
| nv daughter Eliza Waters. for and during the
term Of her natural life, and after her death
| 70 and for the use Of her children, II any she
| shall have, share and share alike; and If she
| shall have no children living at her death.
| then in trust 10 aBd foF the use OF my daugh-
| tiers, Jane A. Bruen aud Harriet Bryan, lot
their natural lives, and after their death. then
in trust to and for the use OF the children OF
my SAID daughters, Jane a. Bruen and Har-
riet Bryan. share and share alike forever"
The fifth item contained the following pro-
vision 1T Is my Hlll that my executors nave
and hold my lot No. 10, Eyles tything, Heath
cote ward forever in trust to and for the use
| Of my daughters. Jane A. Bruen and Harriet
| BRYAN. for and during their lives, and after
| their resDectiVe deatnS, then in trust to and
for the use OF the child or children OF nav said
daughters, Jane 4. Bruen and Harriet Bryan,
their heirs and assigns forever, share and
The tenth item contained the following pro-
visiOns ut is my will that my executors hold
and have ray railroad stock. IN trust 10 ana
for the use of nay daughter, Eliza y ateFs, ioI
and during her life. and after her death, then
| in trust to and for the use OF her children, II
any she have, and II none, then IN trust 70
and for the use of my daughters, Jane A
| Bruen and Harriet Bryan, for and during
their lives, and after their deaths then in trust
to and for the use Of their issue, share and
share alike"
Testator's daughter. Eliza, died childless
TestatOr had grandchildren living when the
| will was executed:
Held, that these items of the will gave a
! life estate in common TO the two sisters, Jane
| A. Bruen and Harriet Bryan, with remainder
| 10 their child or children; and there being
| such children in esse when the testator dled,
! the remainder then vested, to be enjoyed al
| the death Of the surviving sister, and opened
| to take in such other children as were not IN
| esse but who came ingO being up to the time
when the enjoyment Of the estate was to CON-
mence, and ali took share and share alike pei
| capita. -
a. The fourth and tenth items differed
from the fifth only in the fact that the life
| estate OF the two sisters, as well as the Zee oil
their children, vas contingent upon the death
| of Eliza Waters without issue.
d. This does not conflict with the Judgment
in 80 Ca, l54, though 1t NAV conflict with
some OF the reasons there stated, and when
that case was reversed 1t went back Tor de-
| cree de moro.