Legal Opinion

Murphy v. Murphy

Supreme Court of Georgia

Decided November 17, 1921No. 2561PublishedCited by 5 opinions

Appeal. Before Judge Thomas. Colquitt superior court. March 19, 1921.

1Opinion of the CourtGilbert, J.

1. Where probate of a will is contested for incapacity of the maker, it is proper to enquire whether the provisions of the will are just and reasonable, and accord with the state of the testator’s family relations, or the contrary. Civil Code (1910), § 3841; Franklin v. Belt, 130 Ga. 37 (60 S. E. 146). In the trial of such issue the source from which the property disposed of by the will came into the decedent’s possession may be shown, as well as the reasonableness of the provisions of the will. Holland v. Bell, 148 Ga. 277 (96 S. E. 419). Accordingly, it was not error to admit in evidence…

2Cases cited2 opinions

  1. Franklin v. BeltSupreme Court of Georgia · 1908
  2. Holland v. BellSupreme Court of Georgia · 1918

3Cited by5 opinions

  1. Northwestern University v. CrispSupreme Court of Georgia · 1955
  2. Shaw v. FehnSupreme Court of Georgia · 1943
  3. Cook v. SheatsSupreme Court of Georgia · 1966
  4. Hammett v. ReynoldsSupreme Court of Georgia · 1979
  5. Worrell v. GannsSupreme Court of Georgia · 1959

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