Smith v. Atwood
Supreme Court of Georgia
In Equity in McIntosh Superior Court. Tried before Judge Henry R. Jackson, May Term, 1853. In 1801, John McIntosh departed this life testate. His will was recorded in 1826. By it, he gavo his entire estate to his wife, Ann McIntosh during her life; allowing a reasonable maintenance to his son, John L. and daughter Margaret; and at her death, he disposed of his property to his children respectively.
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In Equity in McIntosh Superior Court. Tried before Judge Henry R. Jackson, May Term, 1853. In 1801, John McIntosh departed this life testate. His will was recorded in 1826. By it, he gavo his entire estate to his wife, Ann McIntosh during her life; allowing a reasonable maintenance to his son, John L. and daughter Margaret; and at her death, he disposed of his property to his children respectively. In October, 1810, John L. McIntosh intermarried with Agnes Harrell, having previously entered into a marriage contract, by which he settled upon trustees nine negro slaves and their future…
1Opinion of the Court
By the Court.
Starnes, J.,
delivering the -opinion.
[1.] While the tidal ©f this cause was progressing, as a foundation for secondary evidence, the defendant in error tendered an affidavit made by him to the effect, that a release which he had obtained from G-eorge A. Smith, the husband of the complainant Agnes Smith, had been lost or mislaid by him when on a visit to Florida, and that after diligent search he could not *408find the same. To this, objection was made, on the ground that it was not a compliance with tho 50th Common Law rule, which requires the party making the oath to swear to the…
2Cited by3 opinions
- Arnold v. LimeburgerSupreme Court of Georgia · 1905
- Cox v. McDonaldSupreme Court of Georgia · 1903
- Hawkes v. MobleySupreme Court of Georgia · 1932