115 Ga. 401 | Ga. | 1902
Annie Johnson filed an equitable petition against B. H. Marks as executor of the will of John Marks, Henry Marks, and Mrs. Annie Porter. By its allegations substantially the following case was made: John Marks by his last will and testament devised to Annie Johnson certain property, the devise under the 6th item of his will being in the following language: “ To Annie Johnson, the colored woman who has so long and faithfully waited on me and in my affliction has been so kind and helpful to me, I give and bequeath that part of my property (real) near the cemetery in Macon known as tenements 7 and 8 on the alley.” The will was duly probated, and B. H. Marks, the nominated executor, qualified, and afterwards made and delivered to the petitioner a deed purporting to carry into effect this item of the will. Petitioner accepted this deed, and caused it to he duly recorded in the proper office. She is an ignorant woman and can neither read nor write, and the deed was not read over to her, but, even if it had been, she could not have understood its effect. This deed did not
Judgment reversed.