Rogers v. French
Supreme Court of Georgia
In Equity, in Marion Superior Court. Tried before Judge Worrill, August^Term, 1855. John French and Elizabeth, his wife, filed a bill against the executors of John Rushin, dec’d, for the recovery of the legacies left them under the will. The bill and answer are voluminous, as is also the evidence in the case.
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In Equity, in Marion Superior Court. Tried before Judge Worrill, August^Term, 1855. John French and Elizabeth, his wife, filed a bill against the executors of John Rushin, dec’d, for the recovery of the legacies left them under the will. The bill and answer are voluminous, as is also the evidence in the case. The following is sufficient to understand the questions made in this Court: The defendants gave in evidence the following receipt: “ July 30, 1830. Received of John Rushin Five Hundred Dollars, which is considered and to be considered by all whom it may concern, as that amount advanced…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Was the Court right in refusing to give the first *319charge as requested, without the modification and explanation which accompanied it in the charge as given ?
In ex parte Pye, (18 Vesey, 152,) Lord Eldon observes, “ that where a father gives a legacy to a child, the legacy coming from the father to his child .must be understood as a portion, though it is not so described in the will; and after-wards advancing a portion to that child, though there may be slight circumstances of difference between the advance and the portion, and a difference in…
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- Reed v. ReedSupreme Court of Georgia · 1882
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