Gardner v. Lamback
Supreme Court of Georgia
Caveat to will. Insanity. Monomania. Delusion. Charge of Court. Newly discovered evidence. Cumulative testimony. Before Judge Twiggs. Richmond Superior Court. January Term, 1872. At the December term, 1871, of the Court of Ordinary of Richmond coimty, George F. Lamback, as the nominated executor, propounded the following, instrument for probate in solemn form, as the last will and testament of Frederick Lam-back, deceased. “STATE OF GEORGIA. — Richmond County.
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Caveat to will. Insanity. Monomania. Delusion. Charge of Court. Newly discovered evidence. Cumulative testimony. Before Judge Twiggs. Richmond Superior Court. January Term, 1872. At the December term, 1871, of the Court of Ordinary of Richmond coimty, George F. Lamback, as the nominated executor, propounded the following, instrument for probate in solemn form, as the last will and testament of Frederick Lam-back, deceased. “STATE OF GEORGIA. — Richmond County. “ I, Frederick Lamback, of the State and county aforesaid, being weak in body, but of sound and disposing mind and memory, and anxious…
1Opinion of the Court
McCay, Judge.
1. In an inquiry like that disclosed in this record, sanity or insanity, it is dangerous to lay down any positive rules. There is not a man living who has not done acts which others pronounce insane; and, on the other hand, insanity sometimes eludes all ordinary inquiry. To say that delusion is *192the test of insanity, is itself contrary to some of the writers upon the subject, but to specify a particular delusion and declare that a test, would, we think, be an assumption by the Judge of the powers of the jury. As to the particular delusion mentioned in this request to charge,…
2Cited by17 opinions
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- Hill v. DealSupreme Court of Georgia · 1937
- Griffin v. BarrettSupreme Court of Georgia · 1936
- Yarbrough v. YarbroughSupreme Court of Georgia · 1947
- Spivey v. SpiveySupreme Court of Georgia · 1947
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