81 Ga. 785 | Ga. | 1888
Mrs. Eliza Ilart sued William and Absalom Hart in Glascock superior court, alleging in her declaration that they were indebted to her $1,000.00 and interest. She states therein that she is the widow of Samuel Hart, who died in 1879. By the second item of his will, he made the following bequests :
“I give and bequeath unto my beloved wife, Diza, the sum of $600.00, to be paid to her immediately after my demise by my executors to be hereinafter mentioned. I also give and bequeath unto my said wife, Diza, the use and control of the two east rooms of my house in which I now live, together with the three beds, tables and other furniture belonging or usually staying in said rooms, during her natural life; also the privilege of the yard and garden. Also I give and bequeath to her my buggy and mare, and should the mare die, her place to be supplied by my executors. It is my will, and I further direct, that my two sons, William and Absalom Hart, in and for consideration of what I have done for them, do give my said wife, Diza, a decent support during her natural life, to keep the buggy devised above in repair, and supply a horse or mare for her to drive should the one devised above fail, and allow her to remain in mv house as above devised, in peace and quiet. Should they fail or refuse to do so, I direct that the ordinary of said county, upon sufficient evidence of the fact, issue execution against my said two sons, and sell enough of their property to give her the necessary support.”
She alleges that said will was duly probated, and tbat the defendants qualified as executors and entered upon their duties; that she remained some time in the house, as directed by the will, until her situation became so unpleasant on account of the treatment she received, that she was forced to remove; that the defendants failed to furnish her a decent support, and refused to provide her medical attention during her sickness, and allowed the horse and buggy to be sold for a medical bill, and had failed to provide her with another horse and buggy; and that on account of their unkind treatment to her,
On tbe trial of tbe case, tbe jury returned a verdict for tbe plaintiff. Tbe defendants made a motion for a new trial, upon various grounds set out therein, which was overruled by tbe court, and they excepted.
There was no error in the alteration of this request to charge. The theory of the defendants throughput the trial, as disclosed by the record, seems to have been that this widow, their step-mother, was compelled, under the will, to live in the two rooms of the house described in thy will, and that if she left there she forfeited her rights under the will. ■ "We do not think that this was a proper construction of this item of the will. Under the will, she was entitled to the use and occupation of two rooms of that house. We do not think it compelled her to live there. If she did not choose'to remain in these rooms pointed out in the will, we think she was entitled to go elsewhere, and that she did not thereby forfeit her interest under the will. The will charges these sons and
"We think also that, under this item of the will, she was entitled to have her medical bills paid, and bills for care and attention to her during her sickness ; and she was entitled to those things, in our opinion, whether she resided in rooms set apart for her in the will or not; and under this item of the will, she was entitled to a horse and buggy, and if the horse which the testator left her in the will had died, or had been sold under execution against her for her medical bills, she was entitled to another. Of course, if she was entitled to a horse, she was entitled to provender for the horse. This will dispose also of the complaint made in the 5th ground of the motion, and its subdivision.
Judgment affirmed.