Georgia Reports Volume 23

Georgia Reports Volume 23

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 edition. Excerpt: common, tenant in coparcenary, or joint tenant, dies intestate, .his or her estate shall be divided equally," &c. And if the part had taken this form, it would have included the sense, if not almost the very operative words, of the act aforesaid of 1828. "And one or more of said joint tenants may depart this life during the existence of said estate, the title or interest of the deceased joint tenant," &c. shall be distributed," &c. These are the operative words of that act. It must follow, that if the act of 1828 was suflicient to abolish this doctrine of the survivorship among joint tenants, then the above quoted part of the Constitution of 1777, was also suflicient to abolish the doctrine, and therefore, it must follow, that this part of the Constitution of 17 77, did abolish the doctrine. ' But even if we did not have the Act of 1828, to aid us in the interpretation of this part of the Constitution of 1777, we should, I think, have to come to the same conclusion. First, let us look to the words of this part: The words, a "person," in the part, being equivalent to the words, any person, they include a person, though he be, a joint tenant. If then we express what is thus impliedly included, the part of the Constitution in question, would stand as follows: " when any person not excepting a joint tenant, dies intestate, his or her estate shall be divided equally," &c, It may be assumed, therefore, that this part of the Constitution, says, that the estate of any person not excepting a joint tenant, when he dies intestate, shall be equally divided his wife and children," &c. What then means the expression, the estate of a deceased person, when applied to...
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Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • United States
  • English
  • black & white illustrations
  • 1236759214
  • 9781236759214