97 Ga. 702 | Ga. | 1896
Robinson sued Powell Donehoo and William Donehoo for certain land, claiming title thereto as an heir at law of his children, to whom the land had been devised by their grandfather. The defendants set up various defenses, among them that Robinson had executed to them a relinquishment, as follows:
“Chamblee, June 27, 1893. Received of PL B. Donehoo 14 and 69-100 in full of any and all claims against the estate of Abner Donehoo' dec’d, and in consideration of said' sum I hereby relinquish, surrender and renounce any claim to further administer on said estate or to any interest therein, and disclaim and renounce any right to, or title or interest in land lot number — in the 15th district of DeKalb county, bequeathed by said Abner Donehoo to his wife for life, and at her death to my deceased wife for life, and in fee to the children bom to me and my said wife — • my said wife and children having died before the first life-tenant. Added for time $15.00. R. PI. Robinson.”
Robinson contended that when he signed this paper he was not fully acquainted with its contents, that he thought he was signing a receipt for his commissions as administrator, but did not know that the paper contained a relinquishment of his interest in the land. It appeared from the evidence at the trial, that he was not an illiterate man, but that when he signed the paper his lip or face was swollen and that he had a poultice on his face, and according to his own testimony there was a part of the writing that he could not make out exactly, and he handed it to William