Word v. Mitchell

Decided May 15, 1861

Supreme Court of Georgia · decided 1861-05-15

<p>. A legacy failing, either by lapse or because void at law, falls into the residuum and passes to the residuary legatee, and not to the next of kin.</p>

Cited by 2 later decisions — most recently January 1942

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-05-15

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¶1 By the Court.

Lyon, J.,

¶2delivering the opinion.

¶3When a legacy fails either by lapse or because it is void at law, it falls into the general residuum and passes to residuary legatee, and not to the next of kin. This is the general rule, and there is nothing in this case constituting it an exception thereto. Dawson vs. Clinch, 15 Vesey, 416; Durvur vs. Motteux, 1 Vesey, Sr., 321; Cambridge vs. Rous, 8 Vesey, 25; 2 Rop. on Leg., 487, 490; Hughes vs. Allen, 31 Ga., 489.

¶4Let the judgment be affirmed.