Hill v. Felton
Supreme Court of Georgia
Construction of will. Ambiguity. Evidence. Before Judge Clank. Macon Superior Court. December Term, 1871. Shadrach E. Felton died in April, 1852, leaving the following will and codicil: “STATE OF GEOEGIA. — Macon'County. “The last will and testament of Shadrach E. Felton, of the county and State aforesaid.
Read the full summary
Construction of will. Ambiguity. Evidence. Before Judge Clank. Macon Superior Court. December Term, 1871. Shadrach E. Felton died in April, 1852, leaving the following will and codicil: “STATE OF GEOEGIA. — Macon'County. “The last will and testament of Shadrach E. Felton, of the county and State aforesaid. “In order to dispose of my property in such manner as I consider fair and just among those dear to me by family ties, I, Shadrach E. Felton, do make, ordain and publish, this my last will and testament, with the following provisions, that is to say— “1st. I give and bequeath to my eldest…
1Opinion of the Court
Montgomery, Judge.
The only question necessary to be considered in this case is, are the instructions of the testator to the scrivener who drew his will admissible to explain his intention ? It is only upon the assumption that there is an ambiguity in the will, that these instructions are sought to be admitted. It is not pretended that any latent ambiguity has been raised by proof of extrinsic facts, but it is insisted that a patent ambiguity does exist, which may be explained under sections 2421 and 3748 of the Code. It is certain that there is a class of patent ambiguities which may be…
2Cited by15 opinions
- Decker v. DeckerIllinois Supreme Court · 1887
- Dorr v. School District No. 26Supreme Court of Arkansas · 1882
- Hungerford v. Trust Co. of GeorgiaSupreme Court of Georgia · 1940
- Maxwell v. HoppieSupreme Court of Georgia · 1883
- Citizens & Southern National Bank v. ClarkSupreme Court of Georgia · 1931
10 more not listed; retrieve them via the Exa API.