Beall v. Beall
Supreme Court of Georgia
In Equity, in Upson Superior Court. Tried before Judge Stark, April Term, 1851. This was a bill in Equity, filed by the defendants in error, for their distributive share of the estate of Alpheus Beall, deceased.
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In Equity, in Upson Superior Court. Tried before Judge Stark, April Term, 1851. This was a bill in Equity, filed by the defendants in error, for their distributive share of the estate of Alpheus Beall, deceased. The bill alleges, that complainants are the illegitimate children of Alpheus Beall; that they were legitimatized by an Act of the Legislature, passed in the year 1843, and that they were entitled to two-thirds of said estate, and Mary C. Beall, the administratrix and widow, to the other third; and concludes with the usual prayer. The defendant, in her answer, admits “ that a bill as…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
The right of the complainants to a decree in this case, is based on the Act of the Legislature passed in 1843. This being a 'private Act, it is now assailed on the ground that it was fraudulently procured to be passed, without the assent of Alpheus Beall, whose property the complainants seek to inherit under it.
[1.] To establish the fact that Alpheus Beall did not assent to the passage of the Act of 1843, the defendant offered the evidence of Wm. Taylor, who was the Senator from the County of Upson in the Legislature, in the year 1843, to prove…
2Cited by1 opinion
- Shiels v. StarkSupreme Court of Georgia · 1854