Johnson v. Yancey
Supreme Court of Georgia
In Equity, in Jasper Superior Court. Decision on demurrer, by Judge Hardeman, April Term, 1856. The only question in this cause, was the character of the .following instrument: “ Georgia, Jasper County, July 8,1855. Due, at my death, to Haney Johnson, the sum of two thousand five hundred dollars, from the general fund of my estate, as a gift. his LEWIS M YANCEY. Test, Lewis D. Yancey, Jr. mark.
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In Equity, in Jasper Superior Court. Decision on demurrer, by Judge Hardeman, April Term, 1856. The only question in this cause, was the character of the .following instrument: “ Georgia, Jasper County, July 8,1855. Due, at my death, to Haney Johnson, the sum of two thousand five hundred dollars, from the general fund of my estate, as a gift. his LEWIS M YANCEY. Test, Lewis D. Yancey, Jr. mark. The condition of the above bond or obligation is such, that whereas, for the fidelity and obedience, as well as the natural love and affection that I have for my daughter, Haney Johnson, I donate, in…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Is the paper executed by Lewis Yancey a deed, and operative as such ?
The doctrine is now too well settled to need argument or authority to sustain it, that an instrument may be in the form of a deed — signed, sealed and delivered as such; still, if it discloses the intention of the maker respecting the posthumous destination of his property, and is not to operate until after his death, it is testamentary only.
Now this paper purports, palpably upon its face, to be the mode adopted by Lewis Yancey, of giving to Haney Johnson what he designed…
2Cited by11 opinions
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- Patellis v. TannerSupreme Court of Georgia · 1944
- Wynn v. WynnSupreme Court of Georgia · 1900
- Kelleher v. KernanCourt of Appeals of Maryland · 1883
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