Deupree v. Deupree
Supreme Court of Georgia
Caveat to will. Revocation. Subseqent marriage. Attestation. Continuance. Before Hon. William M. Reese, an Attorney at Law, presiding by consent. Oglethorpe Superior Court. April Term, 1871. On June 27th, 1853, Lewis J. Deupree having then a wife and two children, executed a paper purporting to be his will. On September 8th, 1859, his wife having in the meantime died, he executed a codicil to the same.
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Caveat to will. Revocation. Subseqent marriage. Attestation. Continuance. Before Hon. William M. Reese, an Attorney at Law, presiding by consent. Oglethorpe Superior Court. April Term, 1871. On June 27th, 1853, Lewis J. Deupree having then a wife and two children, executed a paper purporting to be his will. On September 8th, 1859, his wife having in the meantime died, he executed a codicil to the same. On May 24th, 1864, he married Lucy Y. Peebles, and in contemplation of said marriage, he and the said Lucy Y., on the day of the marriage, and before the ceremony was solemnized, entered into…
1ConcurrenceMontgomery, Judge
Concurring, as I do, in the opinion of the Court, as deliverred by Justice McCay, except upon one point, I only deem it necessary to give the reasons for my dissent on that, contenting myself with a general approval of his opinion upon the remaining points in the case.
1. After much fluctuation in the English Courts, the rule, as finally settled, applicable to all wills made prior to 1838, (when the Statute of Wills was passed,) may be thus stated: The law attaches a tacit condition to all wills, that if the testator marry and have issue born of the marriage, subsequent to the making of his…
2Cases cited3 opinions
- Bruckner's lessee v. LawrenceMichigan Supreme Court · 1843
- Cheetham v. TillotsonCourt for the Trial of Impeachments and Correction of Errors · 1808
- Havens v. Van Den BurghCourt for the Trial of Impeachments and Correction of Errors · 1845