Burke v. Steel
Supreme Court of Georgia
.Pleading. Gifts. Demand, etc. Before Judge Pope. Fulton Superior Court. May Term, 1869. Steel sued Burke, for the use of Margaret Kay and her children, the widow and orphans of William Kay, deceased, for $300 00 and interest, averring that on the 1st of April, 1856, he was employed, for the ensuing year, by Burke, at $1,200 00, and ordered Burke to pay to William Kay, for the benefit of Kay and his wife and her children, $25 00 per month, out of said $1,200 00, that Burke…
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.Pleading. Gifts. Demand, etc. Before Judge Pope. Fulton Superior Court. May Term, 1869. Steel sued Burke, for the use of Margaret Kay and her children, the widow and orphans of William Kay, deceased, for $300 00 and interest, averring that on the 1st of April, 1856, he was employed, for the ensuing year, by Burke, at $1,200 00, and ordered Burke to pay to William Kay, for the benefit of Kay and his wife and her children, $25 00 per month, out of said $1,200 00, that Burke retained the $25 00 per month, but did not pay it as he was ordered, and yet refuses to pay it. Burke pleaded the general…
1Opinion of the CourtMcCay, J.
We see no serious difficulty in the first point made in this record, to-wit, that turning upon the death of Mr. Kay, and the assumed necessity that his estate be represented. Under the evidence, this money was for the use of Kay and his'wife *219and children, they took it, or were to take it, as a class, and the death of one passes the right to the survivor. Doubtless, the real use was intended only for the wife and children, Kay being only included as the head and trustee of the others.
The substance of the original transaction was simply this, Steel, as a gift, donation, without consideration…
2Cited by12 opinions
- Fidelity & Deposit Co. v. NisbetSupreme Court of Georgia · 1904
- Smith v. PeacockSupreme Court of Georgia · 1902
- Piedmont Southern Life Insurance v. GunterCourt of Appeals of Georgia · 1963
- Jackson v. GallagherSupreme Court of Georgia · 1907
- Knight v. JacksonSupreme Court of Georgia · 1923
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