Cassels v. Finn
Supreme Court of Georgia
Equitable petition. Before Judge Reagan. Thomas superior court. June 20, 1904. In 1875 John L. Finn married Miss Susie Smith, and they lived together as man and wife until she died on July 25, 1894. At the time of her death she was seized and possessed of a separate estate, which in part consisted of certain lands acquired by inheritance from her father.
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Equitable petition. Before Judge Reagan. Thomas superior court. June 20, 1904. In 1875 John L. Finn married Miss Susie Smith, and they lived together as man and wife until she died on July 25, 1894. At the time of her death she was seized and possessed of a separate estate, which in part consisted of certain lands acquired by inheritance from her father. She had for some time previously been in bad health, and for about six weeks prior to her death had been confined to her bed, but she was at the time of sound and disposing mind and memory. On the night of June 17, 1894, Mrs. Finn repeatedly,…
1Opinion of the CourtEvans, J.
(After stating the facts.) Unless the allegations of the petition respecting the conduct of .the husband of the defendant relating to the intestacy of Mrs. Susie Finn will imply a trust which can be established by parol proof, the demurrer was rightfully sustained. Express trusts must be created or declared in writing. Civil Code, §3153. Hence, the parol promise alleged to have been made by John Finn to his first wife can not be upheld as an express trust. But if from the nature of the transaction it be manifest that it was the intention of Mrs. Susie Finn to make a will devising her property…
2Cases cited8 opinions
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- Brown v. DoaneSupreme Court of Georgia · 1890
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3Cited by12 opinions
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- Archer v. KelleySupreme Court of Georgia · 1942
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