Worley v. Daniel
Supreme Court of Georgia
Deed. Testament. Before Judge McWhorter. Elbert superior court. March term, 1892. Land was offered for sale by the administrator of Sarah Ann Tarpley, formerly Brown, and was claimed by the administrator of Oba Brown and by the heirs of William S. Brown. The verdict was for the claimants, and a motion for a new trial was denied.
Read the full summary
Deed. Testament. Before Judge McWhorter. Elbert superior court. March term, 1892. Land was offered for sale by the administrator of Sarah Ann Tarpley, formerly Brown, and was claimed by the administrator of Oba Brown and by the heirs of William S. Brown. The verdict was for the claimants, and a motion for a new trial was denied. The special ground of the motion was, that the court erred in admitting in evidence the instrument referred to in the opinion, offered by the claimants as a deed of Sarah Ann Brown, the objection being that it was testamentary in character and was not probated.
1Opinion of the Court
Simmons, Justice.
Thé instrument offered in evidence recites that the husband of the maker died intestate, leaving her his sole heir-at-law; that he intended to divide his estate at his death so as to give half of the personalty to her and the other half to his brother and nephew, Oba Brown and William S. Brown; and that she was to have all the land during her life or widowhood, except one hundred acres on the east side of the river, and that the tract on the west side was to be given to Rebecca McGee and her children; that this intention was expressed in a paper which her husband wrote but…
2Cases cited7 opinions
- White v. HopkinsSupreme Court of Georgia · 1887
- Dismukes v. ParrottSupreme Court of Georgia · 1876
- Seals v. Pierce, Little & Co.Supreme Court of Georgia · 1889
- Daniel v. VealSupreme Court of Georgia · 1861
- Williams v. TolbertSupreme Court of Georgia · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Clay v. LaytonMichigan Supreme Court · 1903
- State ex rel. Orr v. FawcettWashington Supreme Court · 1897
- Wynn v. WynnSupreme Court of Georgia · 1900
- Estate of Williams, Superior Court of California, County of San Francisco1895