McGinnis v. McGinnis
Supreme Court of Georgia
This was a hill in equity, tried in the Superior Court of the county of Gwinnett, before Judge Dougherty, at March Term, 1846. The bill was filed by the plaintiffs in error against the defendant, returnable to the September Term, 1843, of said Superior Court, and charged, that on the 1 Oth day of December, 1843, one J ames McGinnis, Senr., then of said county, made and published his last will and testament, as follows: “ In the name of God, amen ! 1, James 'McGinnis, Senr.,…
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This was a hill in equity, tried in the Superior Court of the county of Gwinnett, before Judge Dougherty, at March Term, 1846. The bill was filed by the plaintiffs in error against the defendant, returnable to the September Term, 1843, of said Superior Court, and charged, that on the 1 Oth day of December, 1843, one J ames McGinnis, Senr., then of said county, made and published his last will and testament, as follows: “ In the name of God, amen ! 1, James 'McGinnis, Senr., of the State of Georgia, and comity of Gwinnett, considering the uncertainty cf this mortal life, and being of sound…
1Opinion of the Court
By the Court
Lumpkin, Judge.
Before examining specifically, and in their order, the several positions assumed by the plaintiffs in error, Í would remark, that the doctrine of election is somewhat new in our courts. Like much of our jurisprudence, it is derived from the civil law ; and is founded in good sense. It allows no person to accept and reject the same instrument. If he accepts aben*502efit under a deed or will, he^must not decline the burden which it imposes, or this would be to defeat and defraud the design of the donor. He must adopt the whole, conforming to all its provisions, and…
2Cases cited1 opinion
- Brown v. RickettsNew York Court of Chancery · 1818
3Cited by11 opinions
- Lamar v. McLarenSupreme Court of Georgia · 1899
- Rieves v. SmithSupreme Court of Georgia · 1937
- Beetson v. . StoopsNew York Court of Appeals · 1906
- First National Bank & Trust Co. v. RobertsSupreme Court of Georgia · 1939
- In re Luscombe's WillWisconsin Supreme Court · 1901
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