Jones v. Habersham

W. W. Montgomery, for appellants.

W. S.C.hishom, A. R. Lawton, and Charles C. Jones, Jr., for appellees.

GRAY, J.

This a bill in equity, by the heirs at law, and next of kin of Miss Mary Telfair, of Savannah, against the executors of her will, and the devisees and legatees named therein, to have the devises and bequests adjudged void, and a resulting trust declared in favor of the plaintiffs. The will, which was executed the day before the testatrix died, and was afterwards admitted to probate in the court of appropriate jurisdiction of the state of Georgia, disposed of property amounting to more than $650,000, contained many devises and bequests to individuals and to charitable objects, and appointed the executors of the will trustees under its provisions. The defendants filed a general demurrer. The opinion delivered by Mr. Justice BRADLEY, in the circuit court, sustaining the demurrer and dismissing the bill, is reported in 3 Woods, 443.