Ardis v. Printup
Supreme Court of Georgia
Equity. Marriage settlement. Before Judge Parrott. Gordon Superior Court. October Term, 1869. Ardis, as trustee for Mrs. Skelly and her children, filed a bill containing the following averments : On the ■ 31st of August, 1842, in Edgefield District, South Carolina, he, as such trustee, John C. G. Key and Ann J. Ardis (now Mrs. Skelly) entered into the following contract: “ Whereas, a marriage is shortly to be had and solemnized between the said John C. G., and the said Ann…
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Equity. Marriage settlement. Before Judge Parrott. Gordon Superior Court. October Term, 1869. Ardis, as trustee for Mrs. Skelly and her children, filed a bill containing the following averments : On the ■ 31st of August, 1842, in Edgefield District, South Carolina, he, as such trustee, John C. G. Key and Ann J. Ardis (now Mrs. Skelly) entered into the following contract: “ Whereas, a marriage is shortly to be had and solemnized between the said John C. G., and the said Ann J.; and whereas, the said Ann J. is seized and possessed in her own. right of certain property hereinafter mentioned, and…
1Opinion of the CourtBrown, C. J.
1. Ante-nuptial contracts, like wills, are to receive a liberal construction when necessary to carry into effect the intention of the parties. Code, section 1767 ; 3 Kelly, 367.
2. The Courts will disregard the rules of grammatical construction, and will substitute conjunctions for each other, when necessary to effectuate the intention of the parties to the contract. Code, section 2715.
3. When an express trust depends for its operation upon a future event it is a contingent trust. Code, section 2285.
4. Apply these rules in the construction of this contract, and we think there is no difficulty…
2Cases cited1 opinion
- Ferrill v. PerrymanSupreme Court of Georgia · 1866
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