Phillips v. Chappell
Supreme Court of Georgia
In Equity, in Meriwether Superior Court. Tried- before Judge Starke, February Term, 1854. ' This was a bill in Equity, filed by the defendant in error against the plaintiffs in error, as administrators on the estate of James Hopkins, deceased, for his ward’s distributive share of said estate.
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In Equity, in Meriwether Superior Court. Tried- before Judge Starke, February Term, 1854. ' This was a bill in Equity, filed by the defendant in error against the plaintiffs in error, as administrators on the estate of James Hopkins, deceased, for his ward’s distributive share of said estate. In their answer, the defendants alleged that their intestate, while in life, executed a deed of gift for two negroes, to-wit: Mary and her child Robert, to his daughter Amelia, who subsequently intermarried with Thomas Benson, one of the defendants. That under and by advice of Counsel, in course of…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinión..
Y/hether the intention of James Hopkins was to give the negroes to his daughter Amelia, as an advancement of so much of her portion in his estate, or as a present over and above that portion, or even as something in compromise of a claim which she set up against Mm, the instrument which he made to her, without the -necessity of having to do much if any violence to the words of it, is capable of subserving that intention. The rela- ■ *19tionship of parent and child being considered,, the intention is doubtless to he presumed, as long as there is…
2Cited by8 opinions
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- Nelson v. NelsonSupreme Court of Missouri · 1886
- Brook v. LatimerSupreme Court of Kansas · 1890
- Dent v. FoySupreme Court of Alabama · 1923
- Holliday v. WingfieldSupreme Court of Georgia · 1877
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