Ellis v. Darden
Supreme Court of Georgia
Wills. Married women. Evidence. Before Judge Lumpkin. Taliaferro superior court. August term, 1890 This case was submitted to the presiding judge, upon appeal from the court of ordinary, upon the following agreed statement of facts: Louisa Williams, on the first day of January, 1885, duly executed her will, devising all her property to her sister, Mrs. Kent, now Mrs. Ellis. Testatrix signed the will with her maiden name.
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Wills. Married women. Evidence. Before Judge Lumpkin. Taliaferro superior court. August term, 1890 This case was submitted to the presiding judge, upon appeal from the court of ordinary, upon the following agreed statement of facts: Louisa Williams, on the first day of January, 1885, duly executed her will, devising all her property to her sister, Mrs. Kent, now Mrs. Ellis. Testatrix signed the will with her maiden name. On the same day the will was executed, and a few hours after its execution she married one Darden. About five years afterwards she died, leaving her sister and her husband…
1Opinion of the Court
Bleckley, Chief Justice.
1. In construing the code it is necessary to bear in mind section 4, which declares that “ the masculine gender shall include the feminine.” Nothing can be more manifest than that this rule was intended to apply to the provisions of the code on the subject of wills. These-provisions are very ample and extensive, beginning with the definition of a will, and embracing the persons capable or incapable of making them, modes of execution, revocation and probate, the property subject to disposition, the different classes of devises and legacies, the office and functions of…
2Cases cited11 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
- In re the Will of TullerIllinois Supreme Court · 1875
- Deupree v. DeupreeSupreme Court of Georgia · 1872
- Swan v. HammondMassachusetts Supreme Judicial Court · 1884
- Will of WardWisconsin Supreme Court · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
- Logan v. ShelbyCalifornia Supreme Court · 1953
- Poisl v. FergusonCalifornia Supreme Court · 1955
- Adler v. AdlerWashington Supreme Court · 1909
- Baacke v. BaackeNebraska Supreme Court · 1896
23 more not listed; retrieve them via the Exa API.