Gordon v. Spellman
Supreme Court of Georgia
Equitable petition. Before Judge Charlton. Chatham superior court. May 5, 1915. Mrs. Mary Graeffe owned certain property in the City of Savannah on the sontheast corner of Montgomery and Huntingdon Streets, on which, was built her residence, and a vacant lot adjoining the residence. She also owned certain other real estate. Her husband died in 1886, when she was 66 years of age. In 1888 she married Mr. Krieger.
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Equitable petition. Before Judge Charlton. Chatham superior court. May 5, 1915. Mrs. Mary Graeffe owned certain property in the City of Savannah on the sontheast corner of Montgomery and Huntingdon Streets, on which, was built her residence, and a vacant lot adjoining the residence. She also owned certain other real estate. Her husband died in 1886, when she was 66 years of age. In 1888 she married Mr. Krieger. In 1901 she instituted divorce proceedings against Mr. Krieger, and obtained a divorce in 1902. On October 11, 1911, when she was .91 years old, she executed her last will and…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1, 2. It was said by Mr. Justice Cobb in Banks v. Howard, 117 Ga. 94 (43 S. E. 438): “Contracts under which one of the contracting parties agrees with the other, for a valuable consideration, that he will make a will giving to the other property, either real or personal, have been sustained and enforced in America from the earliest times; and the validity of such contracts seems now to be beyond all doubt.” If the promisor in such a case makes a will which is probated, devising specific land to another -in violation of the terms of the contract, equity will…
2Cases cited5 opinions
- Hudson v. HudsonSupreme Court of Georgia · 1892
- Banks v. HowardSupreme Court of Georgia · 1903
- Belt v. LazenbySupreme Court of Georgia · 1906
- Stoner v. PattenSupreme Court of Georgia · 1909
- Spearman v. WilsonSupreme Court of Georgia · 1871
3Cited by40 opinions
- Hardeman v. EllisSupreme Court of Georgia · 1926
- Burgamy v. HoltonSupreme Court of Georgia · 1927
- Alford v. DavisCourt of Appeals of Georgia · 1918
- Salmon v. McCrarySupreme Court of Georgia · 1944
- Brooks v. YarbroughCourt of Appeals for the Tenth Circuit · 1930
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