Ward v. Allen
Supreme Court of Georgia
In Equity, in Fayette superior court. Tried before Judge Bull, March Term, 1858. The bill alleges tbat Morris Harris, the father of complainant, Matilda Allen, widow of Coleman A. Allen, deceased, made and executed the following deed of gift, viz: Georgia, Know all men by these presents, Fayette County. that I, Morris Harris, of the county and State aforesaid, in full exercise of my right mind, and in the fear of God, peace and good order of the State, declare that for the…
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In Equity, in Fayette superior court. Tried before Judge Bull, March Term, 1858. The bill alleges tbat Morris Harris, the father of complainant, Matilda Allen, widow of Coleman A. Allen, deceased, made and executed the following deed of gift, viz: Georgia, Know all men by these presents, Fayette County. that I, Morris Harris, of the county and State aforesaid, in full exercise of my right mind, and in the fear of God, peace and good order of the State, declare that for the love, good will and affection which I have for my daughter Matilda, wife of Coleman A. Allen, I do, for the love and…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
Was the court below right in overruling the demurrer to the bill ? We think so.
The grounds of The demurrer were, 1st, that The bill bad no equity in it; 2d, that parol evidence was not admissible, to show what was intended by the instrument.
If an instrument, by mistake of its author, or his draftsman, does not speak bis mind, a court of equity will modify the instrument so as to make it speak bis mind. (Wyche and wife vs. Green, 16 Geo. Rep., 49.) And it will bear verbal evidence as to what his mind was.
It follows, then, that there was equity in…
2Cited by3 opinions
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- Barnes v. PetersonSupreme Court of Georgia · 1911
- Perkins v. KeithSupreme Court of Georgia · 1863