Legal Opinion

Dennis v. Weekes

Supreme Court of Georgia

Decided July 15, 1872PublishedCited by 7 opinions

Caveat to will. Admission of executor. Undue influence. False representations. Evidence. Impeachment of witness. Before Judge Johnson. Talbot Superior Court.

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Caveat to will. Admission of executor. Undue influence. False representations. Evidence. Impeachment of witness. Before Judge Johnson. Talbot Superior Court. March Term, 1872. William T. Dennis et ctl., heirs-at-law of William Stallings, deceased, filed a caveat to the paper propounded as the will of said Stallings upon the following grounds, to-wit: 1st. That the paper propounded for probate by William J. Weekes as the last will of said William Stallings, is not the will of the said William Stallings, because when said Stallings signed said paper he was incompetent, from insanity and mental…

1Opinion of the Court

Montgomery, Judge.

The first question which I will consider in this case is, were the sayings of Weekes to Mr. and Mrs. Dennis properly rejected as evidence in chief? Weekes was the propounder of the will and a legatee under it, at least to the *522extent of an acqui|fance in full for debts he may have incurred to the testa® during his long management of his property, which seems to have been continuous from 1854 to 1869, in which last mentioned year the testator died. The facts of this case, so far as applicable to the admissibility of this evidence, are closely analogous to those in Morris and…

2Cited by7 opinions

  1. In re Will of AmesSupreme Court of Iowa · 1879
  2. Brown v. KendrickSupreme Court of Georgia · 1926
  3. Department of Transportation v. EnglishCourt of Appeals of Georgia · 1975
  4. Ginn v. GinnSupreme Court of Georgia · 1914
  5. Rogers v. SayeCourt of Appeals of Georgia · 1962

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