Williams v. Tolbert
Supreme Court of Georgia
Deeds. Wills. Before Judge POTTLE. Madison Superior Court. March Term, 1880. To the report contained in the decision it is only necessary to add the following: Ten’ papers were propounded by Williams et al. for probate as wills. One of them was a will in the usual form ; the other nine were of the form set out in the decision. The one was admitted .to probate, and in it Williams et al. were named as executors ; probate of the other nine was refused.
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Deeds. Wills. Before Judge POTTLE. Madison Superior Court. March Term, 1880. To the report contained in the decision it is only necessary to add the following: Ten’ papers were propounded by Williams et al. for probate as wills. One of them was a will in the usual form ; the other nine were of the form set out in the decision. The one was admitted .to probate, and in it Williams et al. were named as executors ; probate of the other nine was refused. From this refusal the propounders, as executors, appealed. On the appeal the case was submitted to the judge without a jury. He adjudged the…
1Opinion of the Court
Crawford, Justice.
Elijah Williams, in February, 1872, made and executed his last will and testament, in due form of law, disposing of all his property.
On the 14th February, 1879, he executed eleven papers by which he disposed of his real estate in that many parcels to his children. The regular will and nine of these papers were offered for probate. The will was admitted to record, but the papers were rejected by the ordinary, upon the ground that they were not testamentary. An appeal was taken to the superior court, where upon the trial, they were considered and adjudged not to be wills nor…
2Cases cited3 opinions
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- Nichols v. ChandlerSupreme Court of Georgia · 1875
3Cited by10 opinions
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- Wynn v. WynnSupreme Court of Georgia · 1900
- Rollins v. DavisSupreme Court of Georgia · 1895
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