Huguley v. Lanier
Supreme Court of Georgia
Contracts. Marriage. Husband and wife. Debtor and creditor. Before Judge Harris. Troup superior coui’t. April term, 1890. Mrs. Sallie Huguley, widow of George Huguley, by her petition alleged that LaFayette Lanier, executor of George Huguley, was indebted to her $4,000 and interest, for that, on July 28, 1885, George Huguley entered into an antenuptial contract with the petitioner who was then unmarried, her maiden name being Sallie Hughes "White, whereby, in consideration…
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Contracts. Marriage. Husband and wife. Debtor and creditor. Before Judge Harris. Troup superior coui’t. April term, 1890. Mrs. Sallie Huguley, widow of George Huguley, by her petition alleged that LaFayette Lanier, executor of George Huguley, was indebted to her $4,000 and interest, for that, on July 28, 1885, George Huguley entered into an antenuptial contract with the petitioner who was then unmarried, her maiden name being Sallie Hughes "White, whereby, in consideration of the marriage afterwards to be solemnized,, he promised upon his death that his executors should pay her $4,000; that…
1Opinion of the Court
Bleckley, Chief Justice.
The superior court classified the stipulations of the instrument declared upon as testamentary in their nature. This was a total misconception. The instrument is not a conveyance, but a covenant to pay money. There was no attempt to establish between the parties the relation of donor and donee, or of testator and legatee, but the relation established by the covenant was that of debtor and creditor. In contemplation of marriage, the prospective husband, on behalf of himself, his heirs, executors and administrators, covenanted under his hand and seal, for and in…
2Cases cited6 opinions
- Naill v. MaurerCourt of Appeals of Maryland · 1866
- Riley v. RileySupreme Court of Connecticut · 1856
- Andrews v. AndrewsSupreme Court of Connecticut · 1830
- Napier v. ObediahSupreme Court of Georgia · 1876
- Culberson v. CulbersonSupreme Court of Georgia · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Barrett v. CardenSupreme Court of Vermont · 1893
- In Re Estate of W.T. ShepherdSupreme Court of Iowa · 1935
- In Re Estate of GalvinSupreme Court of Iowa · 1947
- Cann v. CannWest Virginia Supreme Court · 1894
- Estate of Williams, Superior Court of California, County of San Francisco1895