Singleton v. Cotton
Supreme Court of Georgia
In Equity, bill quia timet and rule nisi, for new trial in Monroe Superior Court. Decision by Judge Powers, at March Term, 1857. This bill was filed by Henry Singleton, executor of the last/ will and.testament of John Cotton, deceased, against Margaret Cotton, the widow of the said John Cotton.
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In Equity, bill quia timet and rule nisi, for new trial in Monroe Superior Court. Decision by Judge Powers, at March Term, 1857. This bill was filed by Henry Singleton, executor of the last/ will and.testament of John Cotton, deceased, against Margaret Cotton, the widow of the said John Cotton. The bill states that John Cotton departed this life on the 4th day of July, 1850, leaving, in full force, his last will and testament, whereby he devised and bequeathed his whole estate, real and personal, to his wife, the defendant, for life, with remainder over, &c. The bill further states, that said…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
The testator, Cotton, is alleged in the bill, to have left upwards of $6000, in cash and notes, to Mrs. Cotton, during her Ufe. Two days after the will was made, the widow claims that the whole of this was absolutely given to her by her husband, in contemplation of death. She swears that “he gave and delivered this cash and these notes to her, in fee, in the *266presence of sundry persons.” When an inventory was taken of the estate, these effects, after some hesitation, were exhibited by her to be appraised; the executor immediately thereafter,…
2Cited by2 opinions
- Cannon v. WilliamsSupreme Court of Georgia · 1942
- Higgs v. WillisSupreme Court of Georgia · 1949