Symmes v. Arnold
Supreme Court of Georgia
In Equity, in Walton Superior Court. Decision by Judge James Jackson, August Term, 1851. In 1815, Mrs. Susannah Stamper executed the following instrument : Georgia, Morgan County.
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In Equity, in Walton Superior Court. Decision by Judge James Jackson, August Term, 1851. In 1815, Mrs. Susannah Stamper executed the following instrument : Georgia, Morgan County. To all people to whom these presents shall come, that I, Susannah Stamper, of the State and County aforesaid, for and in consideration of the love and good will and affection which I have and bear towards my loving niece Susannah Ware, daughter of James Ware, Junior, have given and granted, and by these presents do freely give and grant unto the said Susan-nah Ware, her heirs and assigns, one negro girl by the name…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The only question made in this case is, whether the instrument of writing executed by Susannah Stamper, is to be considered a deed or a will.
For the plaintiff in error, it is insisted that according to the ruling of this Court, in Hester vs. Young, (2 Kelly, 31,) and in Cravy vs. Rawlings, (8 Geo. R. 450,) this instrument must be considered as a testamentary paper, and not a deed. For the defendants in error, it is contended, that the instrument passed a present interest, which vested at the time of its execution, and therefore is good and…
2Cited by10 opinions
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- Heaston v. KriegIndiana Supreme Court · 1906
- Bromley v. MitchellMassachusetts Supreme Judicial Court · 1892
- Ewing v. JonesIndiana Supreme Court · 1892
- Patellis v. TannerSupreme Court of Georgia · 1944
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