Brown v. Kimbrough
Supreme Court of Georgia
Trusts. Husband and wife. Deed. Before Judge James Johnson. Talbot Superior Court. September Term, 1873. Sarah M. Brown, by her next friend, David N. Burkhalter, filed her bill, making the following case: On November 2d, 1858, her husband, Jack Brown, purchased from William M. Brown, as administrator upon the estate of Joseph T. Shelton, a certain tract of land in the county of Talbot, for the sum of $13,000 00, and paid for the same with money belonging solely and…
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Trusts. Husband and wife. Deed. Before Judge James Johnson. Talbot Superior Court. September Term, 1873. Sarah M. Brown, by her next friend, David N. Burkhalter, filed her bill, making the following case: On November 2d, 1858, her husband, Jack Brown, purchased from William M. Brown, as administrator upon the estate of Joseph T. Shelton, a certain tract of land in the county of Talbot, for the sum of $13,000 00, and paid for the same with money belonging solely and exclusively to complainant. The deed executed by the administrator was in the usual form. It recited that “ Jack Brown, as…
1Opinion of the Court
Trippe, Judge.
1. By the ancient common law, it was thought to be an infringement upon the marital rights for a stranger to confer property upon a wife, independent of her husband, and over which he could have no control. This was because the husband became liable for his wife’s debts, contracted before marriage; was also bound to maintain her and her children, and he was therefore entitled to the enjoyment of her property. It was finally settled, however, that gifts or settlements of this kind could be maintained where it clearly appeared that the intention of the settler was that the wife…
2Cited by3 opinions
- Johnson v. HinesSupreme Court of Georgia · 1861
- McQueen v. FletcherSupreme Court of Georgia · 1886
- Evans v. BethuneSupreme Court of Georgia · 1896