Legal Opinion

Pritchett v. Stubbs

Supreme Court of Georgia

Decided August 13, 1915PublishedCited by 1 opinion

Equitable petition. Before Judge Larsen. Laurens superior court. February 9, 1914. Mrs. Ella Tucker Stubbs died intestate, leaving as her heirs at law her husband, John M. Stubbs, and four children. She owned, at the time of her death, 35 acres of land in the city of Dublin. John M. Stubbs acquired the interest of all of his children, except, Mrs. Maude S. Pritchett.

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Equitable petition. Before Judge Larsen. Laurens superior court. February 9, 1914. Mrs. Ella Tucker Stubbs died intestate, leaving as her heirs at law her husband, John M. Stubbs, and four children. She owned, at the time of her death, 35 acres of land in the city of Dublin. John M. Stubbs acquired the interest of all of his children, except, Mrs. Maude S. Pritchett. He remarried, and died in 1907 intestate, leaving as his heirs at law his widow, Mrs. V. L. Stubbs, and his children, L. Q. Stubbs, Mrs. Ethel S. Stanley, and Mrs. Maude S. Pritchett. His widow and L. Q. Stubbs qualified as…

1Opinion of the CourtEvans, P. J.

(After stating the foregoing facts.) The parolevidence rule precludes inquiry into the intention of the parties to an unambiguous written instrument. The court was of the opinion that the second contract between the parties was ambiguous as to the payment of interest to Mrs. Pritchett upon the sum agreed to be paid for her share in her mother’s estate. Parol evidence was allowed to show the intention of the parties, and the jury were instructed concerning its effect; and these rulings are the subject-matter of the exceptions. We do not think that the second contract is ambiguous, or discloses…

2Cited by1 opinion

  1. Clarke v. FanningCourt of Appeals of Georgia · 1972

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