Drane v. Beall
Supreme Court of Georgia
Caveat, in Columbia Superior Court. Tried before Holt, Judge. September Term, 1856. Appeal from Ordinary. Ordered by consent of counsel, that the above cases be consolidated and argued together. The controversy in these cases arose upon admission to probate in solemn form, of an instrument in writing purporting to be the last will and testament of Thomas E. Beall, deceased.- The instrument is as follows, viz : Georgia, Columbia county.
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Caveat, in Columbia Superior Court. Tried before Holt, Judge. September Term, 1856. Appeal from Ordinary. Ordered by consent of counsel, that the above cases be consolidated and argued together. The controversy in these cases arose upon admission to probate in solemn form, of an instrument in writing purporting to be the last will and testament of Thomas E. Beall, deceased.- The instrument is as follows, viz : Georgia, Columbia county. In the name of God — Amen, I.- Thomas E. Beall, of the County and State aforesaid, being possessed of a sound and disposing mind and memory, do make, ordain…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The Circuit Court in deciding this case, considered that the numerous grounds of objection to the will, taken in the caveat, might be reduced to two : First, that of illegality: the purposes, designs and attempts of the will, being in opposition to the laws and settled policy of the State in regard to emancipation of slaves. And secondly, uncertainty and indefiniteness in the language of the will, and in the purposes and intention of the testator. And viewing the 12th clause as a direct attempt to manumit the slave Mariah in the State, and that…
2Cited by8 opinions
- McDowell v. McDowellSupreme Court of Georgia · 1942
- Peavey v. CrawfordSupreme Court of Georgia · 1936
- Trustees of the University of Georgia v. DenmarkSupreme Court of Georgia · 1914
- Knowles v. KnowlesSupreme Court of Georgia · 1909
- Chapalas v. PapachristosSupreme Court of Georgia · 1938
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