Hudson v. Hampton, 22543
Decision Date | 09 July 1964 |
Docket Number | No. 22543,22543 |
Citation | 137 S.E.2d 644,220 Ga. 165 |
Parties | Charles H. HUDSON v. Mary S. HAMPTON, Admx. |
Court | Georgia Supreme Court |
Charles Hudson filed his petition against Mrs. Mary S. Hampton, as administratrix of the estate of Mrs. Lettie K. Hudson, seeking specific performance of an alleged oral contract to make a will. With reference to the contract it was alleged that in the year 1938 'petitioner was advised by his father and stepmother [the decedent] that they were without funds and without any source of income and did not know what they were going to do and requested petitioner's help. Petitioner replied that he was young and strong and that he would work with his hands at any kind of work and see to it that they were taken care of with the necessities of life, and do the best he could for them and look after them to the best of his abilities, so long as they should live. Petitioner's father and his stepmother then said to him, 'Son, if you will agree to do that, we will leave you whatever property we have when we die.' Petitioner then replied, 'I will do it."
With reference to the alleged contract Mrs. S. R. Ellington testified for the petitioner:
With reference to the alleged contract the witness Julian Stokes Kent testified for the petitioner:
Mrs. Annie Lou Hudson, the wife of the petitioner, testified in part: She testified further that: She married the petitioner in 1939, and they lived with the decedent for about two years thereafter in a house rented by the petitioner. In about 1941 the decedent became employed, and the petitioner and the witness moved from the house. The decedent later bought a house, and for about three years the petitioner and the witness lived in the decedent's house with her, the petitioner paying the decedent $15 a week as rent.
There was evidence that the petitioner gave financial assistance to his father and stepmother during the period of time that they were unemployed, but no computation could be made from this evidence of the amount expended by him. The decedent died in 1961 and Mrs. Hampton qualified as administratrix of her estate. The real property was sold by the...
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Ray v. Sears
...the rigid test. It must be proved beyond a reasonable doubt, a burden quite as onerous as that imposed in criminal cases." Hudson v. Hampton, 220 Ga. 165(2, 3), 137 S.E.2d 644, and cases cited therein. Further, there is a line of cases which hold, or by implication infer, that performance u......
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Harp v. Bacon
...the lower court erred in denying the motion for new trial. Applicable to this case are the holdings of this court in Hudson v. Hampton, 220 Ga. 165, 137 S.E.2d 644 as follows: '1. 'A contract upon which specific performance is sought must be certain, definite, and clear, and so precise in i......
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Logan v. Logan
...petitioner must allege and prove the value of the property and the value of the services contracted to be rendered.' Hudson v. Hampton, 220 Ga. 165(5), 137 S.E.2d 644; Miller v. Cotten, 5 Ga. 341; Potts v. Mathis, 149 Ga. 367, 100 S.E. 110; Brogdon v. Hogan, 189 Ga. 244, 5 S.E.2d 657; Johns......
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Miller v. Miller
...(1957). 4. (Citations and punctuation omitted.) Logan, supra at 576(2), 156 S.E.2d 913. 5. (Citations omitted.) Hudson v. Hampton, 220 Ga. 165, 166(5), 137 S.E.2d 644 (1964). Accord Treadwell v. Treadwell, 216 Ga. 156, 160, 115 S.E.2d 535 (1960); Logan, supra at 576, 156 S.E.2d 913; Ford, s......