West v. Wright

This case turns upon the construction of an instrument of the nature indicated above. The consideration expressed in the paper was “love and affection.” The question is, should the same be treated as testamentary or be given effect as a deed ? This court has often been embarrassed in passing upon similar questions arising upon the construction of instruments more or less like that now under consideration. In Wynn v. Wynn, 112 Ga. 214, there is a large but not exhaustive list of Georgia cases in each of which it was necessary to decide whether a given instrument was testamentary in character…