Huguley v. Lanier

• Decision Date: 23 February 1891
• Citation: 12 S.E. 922,86 Ga. 636
• Parties: HUGULEY v. LANIER.
• Court: Georgia Supreme Court

12 S.E. 922

86 Ga. 636

HUGULEY v. LANIER.

Supreme Court of Georgia

February 23, 1891

Syllabus by the Court.

An antenuptial contract, by which the intended husband, on behalf of himself, his heirs, executors, and administrators covenanted under his hand and seal, for and in consideration of the marriage to be had and solemnized, that his executors upon his death, should pay over to his intended wife the sum of $4,000, this sum to be her full and complete distributive share in his estate, she under her hand and seal covenanting that she would abide by the terms of the instrument, is not testamentary in its nature, but creates an absolute irrevocable obligation, binding upon his qualified executor, and upon which an action for the recovery of the money may be maintained after the husband's death.

Error from superior court, Troup county; HARRIS, Judge.

The sustance of the official report was as follows: Mrs. Sallie Huguley, widow of George Huguley, by her petition alleged that La Fayette Lanier, executor of George Huguley, was indebted to her $4,000 and interest, upon the following state of facts: On July 28, 1885, George Huguley entered into an antenuptial contract with petitioner, who was then unmarried, her maiden name being Sallie Hughes White, whereby, in consideration of the marriage afterwards to be solemnized, he promised upon his death that his executors should pay her $4,000. In pursuance of the contract the marriage was solemnized. He died in 1886 and Lanier was duly qualified as his executor, more than 12 months before the bringing of this suit, and refuses to pay petitioner the $4,000, with interest thereon from the death of George Huguley, at which time the money to pay the same was in the hands of the executor. Attached to the petition as an exhibit was the writing relied upon. It is as follows: "The state of Georgia, Troup county. This indenture, made and entered into this 28th day of July, A. D. 1885, between George Huguley and Miss Sallie White, both of said state and county, the said George Huguley voluntarily and of his own accord moving hereunto, witnesseth, that the said George Huguley, for and in consideration of the marriage to be had and solemnized between himself and the said Sallie White, does for himself, his heirs, executors, and administrators covenant, grant, agree, and direct that in addition to the instructions given in his will, and the codicil thereto attached, particularly and explicitly direct his executors upon his death shall of the first money coming into their hands of my estate, and as soon as such money shall come into their hands as such executors, after paying my just debts, expenses of last sickness, and funeral expenses, pay over to my then widow, now Miss Sallie White, the just and full sum of four thousand dollars, taking her receipt for the same, this sum to be her full and complete distributive share in my estate, and she is not to participate further in my estate unless I should see proper to verbally give her my money or property before my death; and after my executors shall have delivered to her the four thousand dollars as herein directed, they will then execute my will as therein directed. This I do for the reason that I do not wish any trouble or contention about my estate that I may leave at my death, that I desire and so instruct that it may be distinctly understood to make a permanent provision for my wife should I depart this life suddenly, as I have been informed by my physician that I have symptoms of heart disease, and may be called hence without notice; and further that she, my intended wife, is agreeing to this arrangement as herein expressed, as witnesseth by her written consent hereto. Witness my hand and seal the day and date above written. GEORGE HUGULEY. [L. S.] Signed, sealed, and delivered in duplicate in presence of MARY S. HARRIS. B. L. HARRIS, Notary Public." "State of Georgia, Troup county. I, Sallie White, do hereby fully and without reserve, having read over and fully understanding the contents of the foregoing instrument made by my intended husband, George Huguley, consent, agree to, and will abide by the same. Witness my hand and seal, this July 28th, 1885. Miss SALLIE HUGHES WHITE. [L. S.] Signed and sealed in duplicate in presence of MARY S. HARRIS. B. L. HARRIS, Notary Public."

F. M. Longley and N. J. Hammond, for plaintiff in error.

Thos. H. Whitaker, P. H. Brewster, and R. A. S. Freeman, for defendant in error.

BLECKLEY C.J.

The...