Legal Opinion

Wright v. Hicks

Supreme Court of Georgia

Decided February 15, 1854No. 17PublishedCited by 42 opinions

In Equity, in Crawford Superior Court. Tried before Judge Powers, September Term, 1853. This bill was brought by Wright, as the administrator of Jemima Culpepper, against Hicks, as general administrator, and as administrator de honis non, cum testamento annexo, of Daniel Culpepper, deceased.

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In Equity, in Crawford Superior Court. Tried before Judge Powers, September Term, 1853. This bill was brought by Wright, as the administrator of Jemima Culpepper, against Hicks, as general administrator, and as administrator de honis non, cum testamento annexo, of Daniel Culpepper, deceased. The bill alleged that in February, 1849, Daniel Culpepper died, leaving a widow, Jemima Culpepper, surviving, and an estate worth §5000; and also left a will, as follows: “ Item 1st. I give and bequeath unto my beloved wife, Jemima Culpepper, all my estate, both real and personal, during her natural life,…

1Opinion of the Court

By the Court.

Lumpktn, J.

delivering the opinion.

[1.] The first assignment is, that the Court erred in repelling the testimony offered by complainant, to prove to whom, by the general reputation of the neighborhood, and in the family of Culpepper, and his wife, the paternity of the boy, Berry Wesley Culpepper, was ascribed.

The two propositions embraced in this assignment should be separated. They stand on different grounds.

First, as to the general reputation in the vicinage. Questions involving public rights, such as prescriptions, commons, &c. may be proven by general reputation; but not so,…

2Cases cited1 opinion

  1. Wright v. HicksSupreme Court of Georgia · 1852

3Cited by42 opinions

  1. In Re the Estate of FindlayNew York Court of Appeals · 1930
  2. Baker v. BakerCalifornia Supreme Court · 1859
  3. Wright v. DilbeckCourt of Appeals of Georgia · 1970
  4. Estill v. Citizens & Southern BankSupreme Court of Georgia · 1922
  5. Eldridge v. EldridgeSupreme Court of Florida · 1944

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