Cavenaugh v. Ainchbacker
Supreme Court of Georgia
Caveat to Will. Tried before Judge Worrill, Muscogee Superior Court. May Term, 1867. Jacob JSfaigley was a tailor by trade, but seldom if ever worked thereat. He was a quiet, sober man, and spent his time in waiting upon and carrying about his wife while she was practising midwifery, at which she was generally and actively engaged. She made a will and died. Ainchbacker offered it for proof in solemn form in the Court of Ordinary of Muscogee county.
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Caveat to Will. Tried before Judge Worrill, Muscogee Superior Court. May Term, 1867. Jacob JSfaigley was a tailor by trade, but seldom if ever worked thereat. He was a quiet, sober man, and spent his time in waiting upon and carrying about his wife while she was practising midwifery, at which she was generally and actively engaged. She made a will and died. Ainchbacker offered it for proof in solemn form in the Court of Ordinary of Muscogee county. Caveats were filed by the Columbus Iron Works Company, and Mrs. Cavenaugh. The Company were interested because they claimed part of the land…
1Opinion of the CourtWarner, C. J.
The main question presented for the judgment of the Court in this case is, the right of Mrs. Uaigley, a married woman, to devise by will the property specified in the record, under the state of facts presented therein. A married woman may make a will in this State, when having a separate estate absolutely, or an estate in expectancy her husband consents to her disposing of the same. Revised Code, Section 2375. The husband’s consent is not necessary except to dispose of an estate in expectancy. In Liptrot vs. Holmes (1st Kelly’s Rep. 389) this Court recognized the principle, that a feme covert…
2Cited by2 opinions
- Georgia Railroad & Banking Co. v. TiceSupreme Court of Georgia · 1905
- Sams v. Thompson Hiles Co.Supreme Court of Georgia · 1900