Whatley v. Slaton
Supreme Court of Georgia
Bill for Direction, etc. Demurrer, etc. Decided by Judge Vason. Dougherty Superior Court. June Term, 1867. Jeremiah Hillsman, as Executor of Sarah Ely, filed his bill containing the following averments : Sarah Ely died testate, on the-day of-, 1864. When she executed her will she was supposed to be in extremis. The will had been probated and Hillsman had qualified as Executor.
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Bill for Direction, etc. Demurrer, etc. Decided by Judge Vason. Dougherty Superior Court. June Term, 1867. Jeremiah Hillsman, as Executor of Sarah Ely, filed his bill containing the following averments : Sarah Ely died testate, on the-day of-, 1864. When she executed her will she was supposed to be in extremis. The will had been probated and Hillsman had qualified as Executor. When she made the will, she was possessed of considerable land, in cultivation, stock thereon, negroes and other property, worth about $147,840.00 estimated in Confederate money, which was then the currency in the…
1Opinion of the CourtWalker, J.
1. A careful examination of the ordinance of 1865, “to adjust the equities between parties to contracts made, but not executed,” etc., satisfies us that it was not intended to include wills. The caption embraces three objects, all in reference to contracts, aud each section applies to one of these objects. “Contracts” was the subject under consideration, and while possibly there are cases where the ordinance might well be applied to wills, we are satisfied such was not the intention. By no fair rule of interpretation can the language be enlarged so as to embrace wills.
2. The Court sustained…
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