Potts v. House
Supreme Court of Georgia
Caveat on appeal, in Troup Superior Court. Tried before Judge Hill, November Term, 1848. The issue in this case arose upon a caveat to the will of James Potts, senior, propounded for record. The grounds of caveat relied on were — 1st. Incapacity to make a will. 2d. Undue influence exerted over him by a negro woman Charity. 3d.
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Caveat on appeal, in Troup Superior Court. Tried before Judge Hill, November Term, 1848. The issue in this case arose upon a caveat to the will of James Potts, senior, propounded for record. The grounds of caveat relied on were — 1st. Incapacity to make a will. 2d. Undue influence exerted over him by a negro woman Charity. 3d. That at the time of making the will, he was unable to articulate any sentence so distinctly as to be understood by the person who wrote said writing, and that said negro woman, Charity, pretended to interpret for him, and directed the items of said paper purporting to…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This was an issue of devisavit vel non, originating in the Court of Ordinary of Troup County, to try the validity of an instrument purporting to be the last will and testament of James Potts, senior, deceased. That Court having decided in favor of the will, an appeal was entered, and the final trial had in the Superior Court of that County, before Judge Hill, in November, 1848. The Jury returned a verdict affirming the judgment of the Court of Ordinary, and declaring that the paper propounded, was the last will and testament of James Potts,…
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