Fulton County GaArchives Court.....Powell, Jennie  P.  (contested Sale) 1902
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File contributed for use in USGenWeb Archives by:
Joyce Ruff Rough72666@aol.com  September 19, 2007, 10:54 am

Source: Fulton Superior Court
Written: 1902

Bedford County, Virginia
DB 84:537-540

IN  PART

				488

Mrs. Una S. Rivers	>	No. 9484 1/2
	Vs		>	Fulton Superior Court
Mrs. Mary Ruff	>	Spring Term 1902
Mrs. Sophia Ruff	>	Petition in Equity to construe will etc.
Mrs. Margaret Sperry>
and James Powell	>

Upon the issues of fact submitted to the jury by the Court in the above stated
case, we the jury  find as follows:
							First.

That the copy of the paper purporting to be the last will and testament of Ms.
Jennie P. Powell, which is attached to the original petition in the above stated
suit as Exhibit “A”, a true and correct copy of said last will and testament of
Mrs. Jennie P. Powell as probated and recorded in the Court of Ordinary of
Fulton County, Georgia, and said will is the last will and testament of said
Mrs. Jennie P. Powell, decd’.
							Second
 
That the said Mrs. Jennie P. Powel did bargain the property described in item
record of said will and therein devised to Mrs. Sophia Ruff after the execution
of said will and before the death of the said Mrs. Powell , receiving a part of
the purchase price thereof in cash and holding promissory noted for the
remainder.  That subsequent to the death of the said Mrs. Jennie P. Powell, Mrs.
Una S. Rivers, as executrix of said will caused said property to be sold for the
purpose of collecting the balance of the purchase price thereof and purchased
the same at said sale in her own name.  That subsequently, in good faith and
believing that she had a right so to do, she conveyed one hundred (100) acres
thereof to Mrs. Hettie Kirkwood, who as innocently purchased the same and paid
thereof.  That the title of the portion sold to Mrs. Kirkwood should be
confirmed in her, and that the remainder of said property is still held by said
Mrs. Rivers: said remainder of the property containing one hundred and sixty
(160) acres more or less.
							Third

That the property described  in item Third of said will as the property known as
No. 63 Pryor Street, which is a lot situated on the west side of South Pryor
Street between which is a lot situated on the west side of South Pryor Street
between Hunter and Mitchell Streets, having a frontage on Pryor Street of fifty
three (53) feet, and a depth, with width equal to front, of one hundred and
eleven (111) feet, s the property referred to in said item as that which the
testatrix desined to be sold when the same should become worth the sum of Fifty
Thousand ($50,000) Dollars.  That said property is not now worth the sum of
Fifty Thousand Dollars, or any amount near that sum, and will not be worth so
much within any reasonable period of time, and the expense of maintaining said
property exceeds the income there from.  

We therefore find that this clause of the will to all practical purposes is
impossible of execution.
							Forth

That the one hundred (100) acres of land, with the improvements thereon, known
as the Roxboro Springs property described in item four of said will is not now
worth the sum of Twenty-five Thousand ($25,000) Dollars as therein provided it
should be worth before sold: that said property will not be worth said sum of
Twenty-five Thousand Dollars in any reasonable period of time, and the cost of
maintaining said property exceeds the income there from.
							Fifth

That the legacy provided for in item eighth of said will is general legacy
payable out of any of the funds of said estate which may be available therefore,
but that the condition of said estate at no time prior to this time has been
such that the executrix thereof could pay said legacy.
We therefore find that this legacy should bear no interest prior to the date of
this verdict.
							Sixth

We further find that the true intent and meaning of the provision contained in
item twelth of said will wherein a power of sale is conferred upon the executrix
of said will is that said power may be exercised without any order of any court,
and that the word “without” should be supplied in the blank space after the
clause “giving her full power to sell and dispose of property” and before the
words “Order of Court” so that said sentence should read “giving her full power
to sell and dispose of property without order of Court”.
June 17- 1903									Chas A Davis, Foreman


There are two additional pages of the findings of the jury:  Other names
mentioned in the settlement of this property are
James Powell, son of Fayette Powell of Sparta, GA.  He is granted a legacy of
one thousand ($1000) Dollars.

Transcribed by:
Joyce A. Ruff
Virginia 08-2007



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