Mathews v. Rowland

Supreme Court of Georgia

Mathews v. Rowland

118 S.E. 877, 156 Ga. 312, 1923 Ga. LEXIS 245

CourtSupreme Court of Georgia

DecidedSeptember 8, 1923

DocketNo. 3491

StatusPublished

This text of 118 S.E. 877 (Mathews v. Rowland) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mathews v. Rowland, 118 S.E. 877, 156 Ga. 312, 1923 Ga. LEXIS 245 (Ga. 1923).

Pincite

Opinion

Pee Cueiam.

1. The sole issue in this ease is the proper construction of the terms of a will devising described land. The law of the case was settled when the case was before this court on a former occasion (Rowland v. Mathews, 153 Ga. 849, 113 S. E. 442), where a full statement of the case will be found. Reference is also made to that case for a full discussion of the legal principles involved. When the case was again tried the court directed a verdict in accordance with the decision of this court.

2. Error is assigned on the refusal of the court to admit certain- evidence as to the sayings and declarations of the testator. This oral evidence was not admissible to change the terms of the will, the same not being ambiguous; and therefore the court did not err in excluding it.

3. There being no conflict in' the evidence, and that introduced with all reasonable deductions or inferences therefrom demanding a finding in favor of the plaintiff, the court did not err in directing a verdict accordingly. Civil Code (1910), § 5926.

Judgment affirmed.

All the Justices concur.

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