Dye v. Dye

Decided July 21, 1899

Supreme Court of Georgia · decided 1899-07-21

Equitable petition. Before Judge Reese. Warren superior court. October term, 1898. The only question for decision in this case was whether certain papers were testamentary or deeds. It appears that there were four of these papers, but only three of them are copied in the record. Each begins in the usual form of a deed of gift to land.

Cited by 2 later decisions — most recently June 1938

2 state decisions

Relies on Barnes v. Stephens

Good law ✅— No negative treatment on recordhow we know

Decided 1899-07-21

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Fish, J.

¶11. A paper attested by three witnesses and, as a whole, manifestly testamentary in character, and which also contains a right of revocation by the maker, should, though having in some respects the form of a deed, be treated as a will. Barnes v. Stephens, 107 Ga. 442.

¶22. The trial judge did not err in holding that the papers involved in the present case were testamentary in character and not deeds, but ought not to have ordered them to he cancelled. Direction is given that so much of the judgment excepted to as requires the cancellation of these papers be stricken therefrom.

¶3Judgment affirmed, with direction.

All the Justices concurring.E. T. Shurley and E. P. Davis, for plaintiffs in error.