Legal Opinion

Deupree v. Deupree

Supreme Court of Georgia

Decided January 15, 1872PublishedCited by 23 opinions

Caveat to will. Revocation. Subseqent marriage. Attestation. Continuance. Before Hon. William M. Reese, an Attorney at Law, presiding by consent. Oglethorpe Superior Court. April Term, 1871. On June 27th, 1853, Lewis J. Deupree having then a wife and two children, executed a paper purporting to be his will. On September 8th, 1859, his wife having in the meantime died, he executed a codicil to the same.

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Caveat to will. Revocation. Subseqent marriage. Attestation. Continuance. Before Hon. William M. Reese, an Attorney at Law, presiding by consent. Oglethorpe Superior Court. April Term, 1871. On June 27th, 1853, Lewis J. Deupree having then a wife and two children, executed a paper purporting to be his will. On September 8th, 1859, his wife having in the meantime died, he executed a codicil to the same. On May 24th, 1864, he married Lucy Y. Peebles, and in contemplation of said marriage, he and the said Lucy Y., on the day of the marriage, and before the ceremony was solemnized, entered into…

1Opinion of the Court

McCay, Judge.

Whether the English rule, making the marriage of a testator and the birth of a child to him, a revocation of a previous will, under certain circumstances, was based upon a presumed intention of revocation, or whether it was based upon an implied condition attached to the will itself, is not, in the view I take of the great question in this case, material to be discussed. In either view of it, that rule was founded in the desire of the Courts that the wife and child should be provided for, and, in all the cases, the fact of provision or no provision in some way of a substantial…

2Cited by23 opinions

  1. Gillis v. GillisSupreme Court of Georgia · 1895
  2. Miller v. BushMontana Supreme Court · 1908
  3. Woodruff v. HundleySupreme Court of Alabama · 1900
  4. Welch v. AdamsSupreme Court of New Hampshire · 1885
  5. Ellis v. DardenSupreme Court of Georgia · 1890

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