Burch v. Burch
Supreme Court of Georgia
Equity, from Elbert. Decision by Judge Thomas, at chambers, 2d November, 1857. This was a bill filed by John W. Burch, Thomas C. Bnrch, Thomas Wright and wife, William T. Givens and wife, -Rice and wife, William Wright and wife, John P. Wright and wife, against John C. Burch, executor of Elizabeth Burch, deceased.
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Equity, from Elbert. Decision by Judge Thomas, at chambers, 2d November, 1857. This was a bill filed by John W. Burch, Thomas C. Bnrch, Thomas Wright and wife, William T. Givens and wife, -Rice and wife, William Wright and wife, John P. Wright and wife, against John C. Burch, executor of Elizabeth Burch, deceased. The bill stated that William S. Burch, of Elbert county,, departed this life in January, 1822, leaving in full force his last will and testament, of which the following is a copy: In the name of God, amen! . I, William S. Burch, of the State of Georgia and county of Elbert, being…
1Opinion of the Court
The Court not being unanimous, delivered their opinions seriatim.
McDonald, J.
delivering the opinion of the Court.
This is the fourth time that the will before us has been presented to this Court, for the determination of some matter connected with it. Change of circumstances since it was made, as well as facts unknown to the testator at the time it was written, have given rise to much doubt in regard to the rights of parties claiming under it, and perplexity to those charged with the execution of it. It is more than forty years since the will was written; his widow, to whom the testator lent…
2Cited by6 opinions
- Lumpkin v. PattersonSupreme Court of Georgia · 1930
- Hudgens v. WilkinsSupreme Court of Georgia · 1886
- Refinance Corp. v. WilsonSupreme Court of Georgia · 1936
- Freund v. SchillingMissouri Court of Appeals · 1928
- Stout v. Massachusetts Mutual Life InsuranceSupreme Court of Georgia · 1936
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