Georgia Reports Volume 19

Georgia Reports Volume 19

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856 edition. Excerpt: ... have been lost or destroyed. The defendants, and not French, have had the custody of the testator's papers. Perhaps French lived at a distance and forwarded this receipt, not knowing but such an acknowledgment would be exacted of all. Be this as it may, there is one fact which, to our minds is conclusive, that this $500 was. not intended, by the testator, to be a charge on the legacy of French and wife. In his will he mentions, in every other 1 case, what sums are to be charged against his other children l or a portion of them; and there is not a word as to this ex-' tra advance, as it is pretended, to French. It was made five 1 years only before the will was executed, and his attention was called to the subject by referring to the respective advances made to some of the other children. It is not likely that this would have been overlooked or forgotten. He is silent as to the $500 advance made to each of the children in 1830. And from this we infer that the testator, himself, considered that all, at that time, were advanced part' paasu. But it is suggested that the defendants have sworn to the fact, and that their answer is not overcome by counteracting testimony. They only testify as to their information and belief, and the rule does not apply to such answers. 3. Was the Court wrong in making the addition which it did to the 3d charge, as requested? It is not complained that the charge, as asked, was not given. The error assigned is, that the Judge selected that portion of the defendant's answer, which set forth the award made by Judge TAYLOR, and stated that the same was not responsive to the bill; whereas, it is urged that the same was responsive; and that admitting it was not, still, it was wrong to single out more

Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • United States
  • English
  • black & white illustrations
  • 1236904044
  • 9781236904041