Estill v. Estill
Supreme Court of Georgia
Interpleader. Before Judge Meldrim. Chatham superior court. July 19, 1918. John Holbrook Estill died on November 9, 1907, leaving a will the eighth item of which was as follows: “And to the Citizens and Southern Bank of Savannah one sixth part, which it shall hold as trustee upon the following uses and trusts, namely, to pay the income therefrom to my son, Marion W. Estill, during the term of his natural life, for the support of himself and the support and education of his…
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Interpleader. Before Judge Meldrim. Chatham superior court. July 19, 1918. John Holbrook Estill died on November 9, 1907, leaving a will the eighth item of which was as follows: “And to the Citizens and Southern Bank of Savannah one sixth part, which it shall hold as trustee upon the following uses and trusts, namely, to pay the income therefrom to my son, Marion W. Estill, during the term of his natural life, for the support of himself and the support and education of his children should he leave any, and after Ms death said income to be applied to the support and education of Mg children,…
1Per curiam
1. Where, upon a material issue in a case, the evidence in behalf of one party is positive and the evidence in behalf of the opposite party is negative, it is error to instruct the jury: “The existence of a fact testified to by one positive witness is to be delieved rather than that such fact did not exist because many witnesses who had the same opportunity of observation swear that they did not see or know of its having transpired. This rule does not apply when, two pai-ties 'having equal facilities for seeing or hearing a thing, one swears that it occurred, the other that it did not,”…
2Cases cited9 opinions
- Humphries v. StateSupreme Court of Georgia · 1897
- Southern Railway Co. v. O'BryanSupreme Court of Georgia · 1902
- Atlantic Coast Line Railroad v. O'NeillSupreme Court of Georgia · 1907
- Ware v. HouseSupreme Court of Georgia · 1914
- Atlanta Consolidated Street Railway Co. v. BighamSupreme Court of Georgia · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Estill v. Citizens & Southern BankSupreme Court of Georgia · 1922
- Hines v. DonaldsonSupreme Court of Georgia · 1942
- Rider v. StateSupreme Court of Georgia · 1943
- Simeonides v. ZervisCourt of Appeals of Georgia · 1972
- Simeonides v. ZervisCourt of Appeals of Georgia · 1969
1 more not listed; retrieve them via the Exa API.