Alderman v. Chester
Supreme Court of Georgia
Demurrer, decided by Judge Riohakd H. Olakk. In equity, in Decatur Superior Court. April term, Í864. William Martin, of Decatur county, died intestate, leaving as his only heirs at law, Nancy his widow, John TI. his son, and Sarah his daughter, now Sarah Alderman. He left also a considerable estate, real and personal, and no creditors.
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Demurrer, decided by Judge Riohakd H. Olakk. In equity, in Decatur Superior Court. April term, Í864. William Martin, of Decatur county, died intestate, leaving as his only heirs at law, Nancy his widow, John TI. his son, and Sarah his daughter, now Sarah Alderman. He left also a considerable estate, real and personal, and no creditors. On the first of May, 1845, some time after his death, the widow and children, at the suggestion of the former, entered into an agreement among themselves, the stipulations of which were, that the widow, in lieu of her interest under the law in the estate of her…
1Opinion of the CourtLyon, J.
The only question in this case is, whether the agreement between the complainant and her intestate, John H. Martin, on the one hand, and Nancy, the widow of William Martin, deceased, and now the deceased wife of defendant, as set up in the bill, can be carried into effect without violating any rule of law ? The Court below held that it could, not, and dismissed the bill filed for that purpose.
The ease was submitted to this Court without arguments and if we have failed to meet the theory on which the bill was filed, or that upon which the defence rested, our failure to do so, must be credited…
2Cases cited3 opinions
- Maxwell v. HarrisonSupreme Court of Georgia · 1850
- Booth v. TerrellSupreme Court of Georgia · 1854
- Yarborough v. WestSupreme Court of Georgia · 1851
3Cited by9 opinions
- Shingler v. ShinglerSupreme Court of Georgia · 1937
- Klag v. Home Insurance Co.Court of Appeals of Georgia · 1967
- Hill v. MaffettCourt of Appeals of Georgia · 1907
- Butler v. GodleyCourt of Appeals of Georgia · 1935
- White v. Simplex Radio Co.Supreme Court of Georgia · 1939
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