Kitchens v. Kitchens
Supreme Court of Georgia
Establishing lost will. Before Judge Robenson. Jasper Superior Court. December Term, 1869. Elizabeth Kitchens averred that her 'husband, Charles Kitchens, died testate, produced an alleged copy of his will, by which she took the whole estate and prayed the Ordinary that it should be established in lieu of the lost orignal.
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Establishing lost will. Before Judge Robenson. Jasper Superior Court. December Term, 1869. Elizabeth Kitchens averred that her 'husband, Charles Kitchens, died testate, produced an alleged copy of his will, by which she took the whole estate and prayed the Ordinary that it should be established in lieu of the lost orignal. The administrator of Charles Kitchens, and his heirs-at-law, objected upon the grounds that Charles Kitchens died intestate; that, at the date of the pretended will, he had not testamentary capacity; that, if he made it, it was done under compulsion or wrongful influence by…
1Opinion of the CourtBrown, C. J.
This proceeding was instituted under section 2396 of the Revised Code, and the case turns upon the proper construction of that section, which is in these words: “ If a will be lost or destroyed subsequent to the death, or without the consent of the testator, a copy of the same, clearly proved to be such by the subscribing witnesses and other evidence, may be admitted to probate and record, in lieu of the original; but, in every such case, the presumption is of revocation by ¿he testator, and that presumption must be rebutted by proofi5’
*1721. The first question presented is, what proof of…
2Cited by15 opinions
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