Mercier v. Mercier
Supreme Court of Georgia
Specific performance. Wills. Parent and child. Contracts. Before Judge Clark. Early Superior Court. April Term, 1873. Georgia A. Mercier filed her bill against her brother, Augustus J. Mercier, charging, in substance, that in 1868, her father, George W. Mercier, died testate, and by bis will gave his whole estate, with nominal exceptions, to complainant’s brother, who had taken possession of the same; that in 1863, her brother, much against her father’s will, was engaged to…
Read the full summary
Specific performance. Wills. Parent and child. Contracts. Before Judge Clark. Early Superior Court. April Term, 1873. Georgia A. Mercier filed her bill against her brother, Augustus J. Mercier, charging, in substance, that in 1868, her father, George W. Mercier, died testate, and by bis will gave his whole estate, with nominal exceptions, to complainant’s brother, who had taken possession of the same; that in 1863, her brother, much against her father’s will, was engaged to be married to his present wife; that the father threatened to disinherit the son if he persisted in his intention, and…
1Opinion of the Court
Trippe, Judge.
It may truly be said in this case, as was remarked by Lord Eldou in the case of Gordon vs. Gordon, 3 Swanston, 400, which bears some resemblance to this: “ 1 have never known a case in which it was more the duty of a Judge to make a covenant with himself not to suffer his feelings to influence his judgment.” But outside of what may be considered the personal or private obligations between these parties, or as to what would be right between a brother and sister, there is a cardinal principle involved almost of universal application, and which is fatal to complainant’s case. It is…
2Cited by10 opinions
- South Norwalk Trust Co. v. St. JohnSupreme Court of Connecticut · 1917
- Haley v. Regions BankSupreme Court of Georgia · 2003
- Cochran v. ZacherySupreme Court of Iowa · 1908
- McVay v. AndersonSupreme Court of Georgia · 1965
- Taylor v. ConnellOhio Court of Appeals · 1971
5 more not listed; retrieve them via the Exa API.