Cunningham v. Schley
Supreme Court of Georgia
Marriage Settlements. Trusts. Arbitration, etc. New Trial. Bill of Exceptions. Practice. Before Judge Andrews. Richmond Superior Court. June Term, 1869. In 1851 Charles Cunningham died, testate, leaving a large estate and many .legatees. By the will he appointed a guardian for the person of his children and George Schley as the guardian of their property, with power in him to change the character of investments as he thought best.
Read the full summary
Marriage Settlements. Trusts. Arbitration, etc. New Trial. Bill of Exceptions. Practice. Before Judge Andrews. Richmond Superior Court. June Term, 1869. In 1851 Charles Cunningham died, testate, leaving a large estate and many .legatees. By the will he appointed a guardian for the person of his children and George Schley as the guardian of their property, with power in him to change the character of investments as he thought best. Cunningham’s executors turned over to George Schley, as such guardian, a large .amount in bank stocks. In 1855, 1856 and 1857, one White died, intestate, and…
1Opinion of the CourtMcCAY, J.
The Act of 184-7, in relation-to the record of marriage settlements, so far as it relates to settlements then existing, is a very harsh law. At the date of its passage, the beneficiaries of a settlement then existing, had a perfect right to the property it conveyed. The effect of the statute was to require a record of the instrument, on pain of forfeiture, as against certain dealers with the husband.
It is but fair, that a law of this character should be strictly construed, and not extended beyond its terms. And such has been the course pursued by this Court, in its previous adjudi*436cations,…
2Cited by8 opinions
- Stallings v. BrittSupreme Court of Georgia · 1948
- American Mutual Liability Insurance v. AdamsCourt of Appeals of Georgia · 1924
- Knowles v. JourdanSupreme Court of Georgia · 1878
- Fred R. Surface & Associates, Inc. v. WorozbytCourt of Appeals of Georgia · 1979
- Minor v. LILLIE RUBIN INCORPORATEDCourt of Appeals of Georgia · 1951
3 more not listed; retrieve them via the Exa API.