McCord v. McCord
Supreme Court of Georgia
Caveat, in Rutts Superior Court. Tried before Judge Starke, September Term, 1855. James R. McCord propounded the will of Sarah McCord,, a married woman, which was resisted by her husband, John McCord ; and the only question wasj whether, under the following ante-nuptial agreement, she had the power to dispose-of her property by will.
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Caveat, in Rutts Superior Court. Tried before Judge Starke, September Term, 1855. James R. McCord propounded the will of Sarah McCord,, a married woman, which was resisted by her husband, John McCord ; and the only question wasj whether, under the following ante-nuptial agreement, she had the power to dispose-of her property by will. The agreement is as follows, after reciting that a marriage was in contemplation between the - parties: “ That each of the parties aforesaid shall, after said ’ marriage, and through life, keep, have and enjoy, to their ■ own separate uso, benefit and behoof, all…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] The question is, whether Mrs. McCord, a married woman, had power to make the will which it appears that she did make ? That depends upon the degree of power which she reserved to herself by the marriage settlement which she entered into with James R. McCord.
It is clear that the estate which she reserved to herself in her property, was as much as a separate estate for her life.
Did she reserve a separate power over more than a life estate in the property ? This .is the important question.
We think she did. We think she reserved all power over…
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- Cohron v. StateSupreme Court of Georgia · 1856
- Griffin v. DriverSupreme Court of Georgia · 1947