Details

Owner

Georgia Archives [Browse]

FaST Subject(s)

• Court records
• Marriage
• Plantations
• Sex
• Slavery
• Wills
• Georgia

Summary note

John Jackson made his will in 1851. He bequeathed ten slaves, plus all his land and stock, to his wife, Martha G Jackson, for life, with a remainder after her death to their son Wiley W Jackson; Wiley was also given 22 slaves immediately and another son, John, two slaves. In a later codicil dated 1858 Jackson revoked the immediate bequest to Wiley in favour of some children born to him after the will was drawn up and any who might go on to be born, and adjusted some other legacies to take account of slaves born during the same period. Martha was Jackson's second wife and the will and codicil mostly benefited her and his young children by her; his adult children by his first wife received little. After the will was sent for probate at Jackson's death in 1859, this caveat was filed by several of his children by his first wife on the grounds that the testator had not been of sound mind when he made the will and that in this enfeebled state he had been imposed upon by Martha and her family. The lower court overruled the caveat and the caveators appealed to the Superior Court. This ruled that the paper purporting to be the will of John Jackson was not in fact his will, and the propounders appealed to the Supreme Court. This ruled that Martha Jackson had indeed exercised undue influence on her husband to induce him to disinherit his children from his first marriage. Judgment affirmed.

Location of originals

Georgia Archives

Copyright note

Material sourced from the Georgia Archives

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