Owen v. Smith
Supreme Court of Georgia
Before Judge Hansell. Thomas superior court. March term, 1892. A bill in equity was brought in 1887 on behalf of the grandchildren of George E. Smith deceased, to set aside an instrument of conveyance to William T. Smith, an illegitimate son of George E. Smith, executed by the wife of George E. Smith (the plaintiffs’ grandmother) shortly before her death.
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Before Judge Hansell. Thomas superior court. March term, 1892. A bill in equity was brought in 1887 on behalf of the grandchildren of George E. Smith deceased, to set aside an instrument of conveyance to William T. Smith, an illegitimate son of George E. Smith, executed by the wife of George E. Smith (the plaintiffs’ grandmother) shortly before her death. The grounds of attack on the instrument were, that it was not a deed but was testamentary in its character, and was void for being attested by only two witnesses; and that it was void as a deed, because the maker was mentally incompetent to…
1Opinion of the Court
Bleckley, Chief Justice.
1. The instrument to be construed shows on its face that it was made in consideration of ten dollars and of love and affection. It shows also that future services to be rendered by the grantee to the grantor were contemplated as a part of the consideration. It is certainly doubtful whether the instrument is testamentary or not. Some of its language imports a present conveyance with the reservation of a life-estate, and some indicates a purpose to postpone the vesting of title until the death of the grantor. We think the trial court adopted the safer and better…
2Cited by10 opinions
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- Wynn v. WynnSupreme Court of Georgia · 1900
- Armour v. LunsfordSupreme Court of Georgia · 1941
- President, Etc., of Bowdoin College v. MerrittU.S. Circuit Court for the District of Northern California · 1896
- Montgomery v. ReevesSupreme Court of Georgia · 1929
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