Linson v. Crapps

Decision Date14 September 1948
Docket Number16290.
PartiesLINSON v. CRAPPS.
CourtGeorgia Supreme Court

Syllabus by the Court.

Under an item of a will bequeathing to a beneficiary a described home 'and the contents of said home,' government bonds found in a dresser drawer of the home would not be included in the bequest

Mrs Annie Mae Atkinson Linson brought an action against S. T Crapps, as administrator with the will annexed of Mrs. M. E Mandeville, on item 3 of the will, as follows: 'I will bequeath, and devise unto Mrs. Annie Mae Atkinson Linson my home in Ft. Gaines, Georgia, situated on the west side of Hancock street and in which I now live and the contents of said home to be hers absolutely and in fee simple forever.'

From the agreed statement of facts, upon which the case was decided by the trial court, it appears that United States Government Series E bonds of the face value of $2700 were found in a dresser drawer in the residence described in item 3 of the will. The plaintiff (plaintiff in error in this court) contended that the bonds passed to her under the provisions of item 3. The administrator contended that a partial intestacy existed under the will, and that the bonds should be sold by him for distribution to the heirs at law.

The trial judge decreed that the bonds were not bequeathed under the provisions of item 3 of the will, and the exception here is to that judgment.

Fort & Fort, of Americus, for plaintiff in error.

Jas. W. Bonner and Stone & Stone, all of Blakely, for defendant in error.

HEAD Justice.

While courts may look to the will as a whole to determine the intention of the testatrix (Gaboury v. McGovern, 74 Ga. 133, 140; Sumpter v. Carter, 115 Ga. 893, 894, 42 S.E. 324, 60 L.R.A. 274; Almon v. Shell, 147 Ga. 800, 95 S.E. 681; Owens v. Citizens' & Southern National Bank, 177 Ga. 289, 290, 170 S.E. 196), there is no other provision in the will in the present case that throws any light upon the probable intention of the testatrix by the language used in item 3.

From the agreed statement of facts it appears that the bonds which are the subject matter of the litigation were not owned by the testatrix at the time of the execution of the will and were not acquired until some years later. Since after-acquired property may be disposed of by will (Evans v. Pennington, 177 Ga. 56, 169 S.E. 349) the fact that the bonds were not owned by the testatrix at the time the will was made would not preclude a conveyance...

To continue reading

Request your trial
8 cases
  • Floyd v. Floyd
    • United States
    • Georgia Supreme Court
    • October 1, 2012
    ...all furniture to wife did not mean that husband was to receive all items not specifically awarded to wife). See also Linson v. Crapps, 204 Ga. 264, 265, 49 S.E.2d 523 (1948) (household items, but not choses in action, were conveyed by express bequest of contents of home); Dozier v. Bailey, ......
  • Estate of Shoptaugh, In re
    • United States
    • Indiana Appellate Court
    • September 16, 1985
    ...deeds, mortgages, and securities which are found in the house. McLane v. Chancey (1947), 211 Ark. 280, 200 S.W.2d 782; Linson v. Crapps (1948), 204 Ga. 264, 49 S.E.2d 523; Old Colony Trust Co. v. Hale (1939), 302 Mass. 68, 18 N.E.2d 432; In re Estate of Lamb (1971), 445 Pa. 323, 285 A.2d 16......
  • LAST WILL & TESTAMENT OF LAWSON v. Lambert
    • United States
    • Mississippi Supreme Court
    • August 23, 2001
    ...of Shoptaugh, 482 N.E.2d 1142, 1144 (Ind.Ct. App.1985) (citing McLane v. Chancey, 211 Ark. 280, 200 S.W.2d 782 (1947); Linson v. Crapps, 204 Ga. 264, 49 S.E.2d 523 (1948); Old Colony Trust Co. v. Hale, 302 Mass. 68, 18 N.E.2d 432 (1939); In re Falvey's Will, 15 A.D.2d 415, 224 N.Y.S.2d 899 ......
  • Davis v. Shanks
    • United States
    • Texas Court of Appeals
    • August 25, 1994
    ...usually kept for household and family use, but did not convey government savings bonds found in a dresser drawer in the home. 204 Ga. 264, 49 S.E.2d 523, 524 (1948). This reflects the majority view that only tangible personal property is contemplated when defining the contents of a house. S......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT