Rogers v. Rogers
Supreme Court of Georgia
Wills. Demurrer. New Trial. Evidence. Title. Written Instruments. Before Judge Estes. Hall Superior Court. August Term, 1886. To the report contained in the decision,it is necessary to add that the following were among the grounds of the motion for a new trial: (1) Because the court erred in overruling defendant’s demurrer to the bill.
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Wills. Demurrer. New Trial. Evidence. Title. Written Instruments. Before Judge Estes. Hall Superior Court. August Term, 1886. To the report contained in the decision,it is necessary to add that the following were among the grounds of the motion for a new trial: (1) Because the court erred in overruling defendant’s demurrer to the bill. (2) Because the court admitted testimony as to the sayings of the testator concerning what he had given to the complainants by his will. — The objection was, that this was proving by parol the contents of a written instrument, and that it was irrelevant. It was…
1Opinion of the Court
Hall, Justice.
Jacob Rogers died many years ago, leaving a paper purporting to be his last will and testament. To his wife was bequeathed a life estate in most of his property. She died recently. The questions in this case arise principally upon the 6th item of the will, which is as follows:
“To the children of my son, George, I will and bequeath the south half of lot of land No. 80, on the east side of Flat creek, being the other half of the same lot given to William and Cintha, and also the south half of lot of land No. 65; also, all the land contained in eighty-one, west side of the old run…
2Cases cited1 opinion
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3Cited by12 opinions
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- Oliver v. HendersonSupreme Court of Georgia · 1905
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