Estill v. Estill
Supreme Court of Georgia
Interpleader. Before Judge Meldrim. Chatham superior court. July 19, 1918. John Holbrook Estill died on November 9, 1907, leaving a will the eighth item of which was as follows: “And to the Citizens and Southern Bank of Savannah one sixth part, which it shall hold as trustee upon the following uses and trusts, namely, to pay the income therefrom to my son, Marion W. Estill, during the term of his natural life, for the support of himself and the support and education of his…
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Interpleader. Before Judge Meldrim. Chatham superior court. July 19, 1918. John Holbrook Estill died on November 9, 1907, leaving a will the eighth item of which was as follows: “And to the Citizens and Southern Bank of Savannah one sixth part, which it shall hold as trustee upon the following uses and trusts, namely, to pay the income therefrom to my son, Marion W. Estill, during the term of his natural life, for the support of himself and the support and education of his children should he leave any, and after Ms death said income to be applied to the support and education of Mg children,…
1DissentHill, J.
I dissent from the decision of the majority of the court, so far as the second division of the opinion is concerned. Whether the letters and declarations objected to are admissible in evidence depends upon whether they were written or made ante litem motam — before the origin of the controversy, or whether they were written.or made post litem motam — after the controversy arose on the question at issue. The weight of authority is to the effect that declarations made by a reputed father or relative are admissible in evidence to prove pedigree, provided they are made without reference to any…
2Cases cited4 opinions
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- Byers Bros. v. WallaceTexas Supreme Court · 1894
- Rollins v. . WickerSupreme Court of North Carolina · 1911
- Mobley v. PierceSupreme Court of Georgia · 1915