7 Ga. 76 | Ga. | 1849
By the Court. —
delivering the opinion.
This cause has been submitted without argument, or authority, or appearance on either side. Had we .understood it properly, we should unhesitatingly have declined the responsibility which such a disposition of it involves.
It is considered and adjudged by the Court, that the judgment of the Court below be reversed, and that the eause be remanded fora new trial, with the following instructions, namely: that it is the opinion of this Court, and it so adjudges, that by the fourteenth clause of the testator’s will, each of his married daughters therein named, is entitled to a separate estate for life, to one-fifth of the property contained in said item; and that at their deaths, respectively, the same be divided equally among their children respectively — not only such as were born at the death of the testator, but such as might thereafter be born ; and it is farther ordered, thgt the decree rendered in the Court below he modified in conformity with this opinion.