Scales v. Heirs at Law
Supreme Court of Georgia
Probate of nuncupative will. Before Judge Russell. Gwinnett superior court. August 2,1902. W. F. Scales offered for probate a nuncupative will alleged tO' have been made by Mary A. Thornton. The heirs at law of the deceased filed a caveat, and on appeal in the superior court the jury found in favor of the caveators.
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Probate of nuncupative will. Before Judge Russell. Gwinnett superior court. August 2,1902. W. F. Scales offered for probate a nuncupative will alleged tO' have been made by Mary A. Thornton. The heirs at law of the deceased filed a caveat, and on appeal in the superior court the jury found in favor of the caveators. A motion for a new trial filed by the propounder was overruled, and he excepted: The motion contained the general grounds that the verdict was contrary to law and •without evidence to support it, and a special ground assigning error on the following extract from the charge of the…
1Opinion of the CourtCobb, J.
Nuncupative wills are not favorites of the law, and in applications for probate of such wills it must appear that every requirement of the statute has been met. In re Yarnall’s Will, 4 Rawle, 46; Dorsey v. Sheppard, 3 Gill & J. 192. One of the requirements of the law of this State is that “ it be proved that the testator, at the time of pronouncing the same, did. bid the persons present, or some of them, bear witness that such was his will, or to that effect.” Civil Code, § 3349. This section of the code was taken almost literally from the 19th section of the statute of frauds, and the part…
2Cases cited17 opinions
- In re the alleged nuncupative will of YarnallSupreme Court of Pennsylvania · 1833
- In re Estate of GrossmanIllinois Supreme Court · 1898
- Arnett v. ArnettIllinois Supreme Court · 1862
- Harrington v. SteesIllinois Supreme Court · 1876
- Morgan v. StevensIllinois Supreme Court · 1875
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cannon v. SeyboldtIdaho Supreme Court · 1935
- Brown v. StateWashington Supreme Court · 1915
- Jones v. RobinsonSupreme Court of Georgia · 1929
- Robinson v. JonesSupreme Court of Georgia · 1928
- Brown v. ButtsSupreme Court of Georgia · 1971
1 more not listed; retrieve them via the Exa API.