104 Ga. 714 | Ga. | 1898
The petitioners, Rosetta F. Justice and William C. Anderson, made the following case: W- C. Anderson Sr. died in DeKalb county more than twenty years ago, leaving Rosetta F. as his widow, and four children, among them petitioner William C. Jr. At the time of the decease of W. C. Sr., he owned and was in possession of a tract of land containing about two hundred acres, consisting of one hundred acres off of the west side of lot 160, and one hundred acres off of the east side of lot 159, in the 18th district of DeKalb county. By the will of W. C. Anderson Sr., his widow Rosetta was debarred of any interest in the land because of her subsequent intermarriage with J. W. Justice. The petition alleges further, that some years ago the four children of William C. Anderson Sr., together with the widow, met together and divided the above-mentioned lands. In that division 52 acres in the southeast corner of lot 159 were assigned to W. C. Anderson Jr. The other lands were by consent divided among the other three children, except two acres on which were situated a dwelling-house and certain outhouses, which were used by said Rosetta
Judgment reversed.