Brewer v. Baxter
Supreme Court of Georgia
Construction of Contracts. Wills. Before Judge Schley. Liberty Superior Court. October Term, 1870. Brewer, as administrator of Stephen Baxter, sued Wiley, John and Stephen Baxter, sons of his intestate, averring that they had taken possession of certain specified personal property belonging to intestate, and refused to deliver possession thereof to him.
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Construction of Contracts. Wills. Before Judge Schley. Liberty Superior Court. October Term, 1870. Brewer, as administrator of Stephen Baxter, sued Wiley, John and Stephen Baxter, sons of his intestate, averring that they had taken possession of certain specified personal property belonging to intestate, and refused to deliver possession thereof to him. The death of Stephen Baxter, that Brewer was his administrator, that said personal property had been intestate’s, and was in possession of defendants when this suit was begun, were shown. One of the defendants testified that intestate, in his…
1Opinion of the CourtWarner, J.
The only question presented on the argument of this case is, whether the paper writing set forth in the record is a deed or testamentary paper. The Court below held it to be a deed, and that is assigned for error here. A paper having the formalities of a deed may, notwithstanding, be a will. In determining whether an instrument be a deed or a will, the Court will not consider what the maker believed it to be, but what, in point of law, it is. The intention of the maker as to the character of the estate conveyed, is the criterion by which the Court will determine whether a given paper is a…
2Cited by9 opinions
- Heaston v. KriegIndiana Supreme Court · 1906
- Clay v. LaytonMichigan Supreme Court · 1903
- Patellis v. TannerSupreme Court of Georgia · 1944
- Wynn v. WynnSupreme Court of Georgia · 1900
- Cummings v. CummingsCourt of Appeals of Georgia · 1954
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