Mason v. Deese
Supreme Court of Georgia
In Equity, in Wilkinson Superior Court. Tried before Judge Hansell, at April Term, 1860. This was a bill brought by James Mason, as administrator of Susan Lowe, formerly Susan Mason, deceased, and the other plaintiffs in error, as her brothers and sisters, and heirs at law, against Joel Deese, as administrator of Lunsford Lowe, deceased, the husband of said Susan.
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In Equity, in Wilkinson Superior Court. Tried before Judge Hansell, at April Term, 1860. This was a bill brought by James Mason, as administrator of Susan Lowe, formerly Susan Mason, deceased, and the other plaintiffs in error, as her brothers and sisters, and heirs at law, against Joel Deese, as administrator of Lunsford Lowe, deceased, the husband of said Susan. The substance of the case made by the bill is, that the said Lunsford and Susan intermarried, first executing a marriage settlement, which is as follows: “ GEORGIA — Laurens County : “ This indenture tripartite made and entered into…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
The sole question in this ease is, whether or not it was the intention of this settlement to exclude the husband from his marital rights after the death of his wife ? The words of the exclusion constitute the first trust or condition declared by the settlement, and areas follows: “ The said property nor any part thereof, or the proceeds, profits or hire thereof, is never to be subject to the control, contracts or liabilities of the said Lunsford Lowe, heretofore made or entered into by him, or that shall hereafter be made or entered into by…
2Cases cited1 opinion
- Holmes v. LiptrotSupreme Court of Georgia · 1850
3Cited by4 opinions
- Polson v. StewartMassachusetts Supreme Judicial Court · 1897
- Brown v. DoaneSupreme Court of Georgia · 1890
- Wentworth v. WentworthSupreme Judicial Court of Maine · 1879
- Tremmel v. KleiboldtMissouri Court of Appeals · 1879