Lucas v. Lucas
Supreme Court of Georgia
Motion to set aside verdict, etc. Decision by Judge Caba-Niss,.at the August-Term, 1859, of Monroe Superior Court. This motion was predicated upon an alleged misunderstanding and mistake as to the terms and effects of an agreement made by the parties and their attorneys, to settle and terminate the litigation and controversy which had been long pending, relative to the estate and wills, or papers propounded as wills, of the late Littleberry Lucas, deceased.
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Motion to set aside verdict, etc. Decision by Judge Caba-Niss,.at the August-Term, 1859, of Monroe Superior Court. This motion was predicated upon an alleged misunderstanding and mistake as to the terms and effects of an agreement made by the parties and their attorneys, to settle and terminate the litigation and controversy which had been long pending, relative to the estate and wills, or papers propounded as wills, of the late Littleberry Lucas, deceased. The agreement and consent sent up were as follows: “ James M. Parsons and wife, "j “Elza Halstein and wife, and j Caveat, in MonroeSu- “…
1Opinion of the Court
*202 By the Court.
Stephens, J.,
delivering the opinion.
Littleberry- Lucas died, leaving two wills — one executed in 1845, and the other in 1855. Cincinnatus Lucas, the defendant in error, being the nominated executor of the older will, propounded it for .probate, and the plaintiffs in error propounded the other, each party entering a caveat against the probate proposed by the other party. When the two cases thus made stood for trial on the appeal, the parties, through certain of their counsel, Mr. Hill for the defendant in error, and Messrs. Trippe & Poe for the plaintiffs, entered into a…
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