Patterson v. Hickey
Supreme Court of Georgia
Issue of devisavat vel non, in Chattahoochee Superior Court. Tried before Judge Perkins, at the May Term, 1860. The facts and questions in this case, as gathered from a somewhat meagre record, are as follows: On the 31st day of March, 1854, James Hickey executed a will, disposing an estate, consisting of lands, negro slaves, and choses in action, worth, in the aggregate, $50,000 00, or more.
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Issue of devisavat vel non, in Chattahoochee Superior Court. Tried before Judge Perkins, at the May Term, 1860. The facts and questions in this case, as gathered from a somewhat meagre record, are as follows: On the 31st day of March, 1854, James Hickey executed a will, disposing an estate, consisting of lands, negro slaves, and choses in action, worth, in the aggregate, $50,000 00, or more. The record contains no copy of the will, and its provisions are, therefore, not given. At the time the will was executed, the testator requested the witnesses to keep it secret, giving as a reason…
1Opinion of the Court
By the Court
Lumpkin, J.,
delivering the opinion.
Bevocavit vel non is similar to the question of devisavat vel non, and is a question of fact for the consideration of a jury. Powell on Devises, 6,34; 3 Wilson, 508. Ad questiones facti respondent juratores.
Was the Court right in excluding from the jury the declarations and acts of the testator, for the purpose of showing the quo animo with which the will propounded for probate was torn or cut in two.
The will was kept by the testator after it was written ; and found in the drawer of his secretary, torn or cut asunder. The presumption of the law…
2Cases cited3 opinions
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
- Smith v. FennerU.S. Circuit Court for the District of Rhode Island · 1812
3Cited by28 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- McIntyre v. McIntyreSupreme Court of Georgia · 1904
- Sheehan v. KearneyMississippi Supreme Court · 1903
- Pickens v. DavisMassachusetts Supreme Judicial Court · 1883
- Burge v. HamiltonSupreme Court of Georgia · 1884
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