Reed v. Roberts
Supreme Court of Georgia
Caveat to will, in Gordon county; motion for new trial. Decided by Judge Trippe, April Term, 1858. Jehu Nobbet made a will, dated 14th February, 1858, and appointed Willie Roberts and George H. Hogan executors and guardians of the property and children therein named. Nobbet died, and Willie Roberts, executor, propounded the will for probate, and.
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Caveat to will, in Gordon county; motion for new trial. Decided by Judge Trippe, April Term, 1858. Jehu Nobbet made a will, dated 14th February, 1858, and appointed Willie Roberts and George H. Hogan executors and guardians of the property and children therein named. Nobbet died, and Willie Roberts, executor, propounded the will for probate, and. George H. Hogan, Daniel S. Reid; et al , entered a caveat. ■ The case came on for trial, and much testimony was introduced in relation to the condition and position of the testator at the time of attestation; which testimony is sufficiently set. out…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The issue in this case is, devisavit vel non. And the only question which we deem it necessary to discuss is, whether the will of John Nobbettwas duly attested under the statute of frauds? The Act of 29 Car. 2, c. 3, requires that the attestation of the witnesses • shall be in the presence of the testator. Was this provision complied with in this case ?
*296The testator executed his will in extremis. He was very-sick, and in great pain at the time, and died shortly after-wards. The bed upon which he lay had half stand-posts for curtains. There was a…
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