Brooks v. Woodson
Supreme Court of Georgia
Wills. Witness. Before Judge Miller. Bibb superior court. April term, 1890. Caveat to tbe probate of a will in solemn form.
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Wills. Witness. Before Judge Miller. Bibb superior court. April term, 1890. Caveat to tbe probate of a will in solemn form. It appearing from the testimony introduced by the propouuder that the paper propounded was not signed by the alleged testator until after it was signed by the witnesses thereto, though the signature by testator and witnesses was all part of the same transaction, the testator making his mark just after the last of the witnesses had subscribed his own name and written the name of the testator, the judge refused to admit the alleged will in evidence, holding that because it…
1Opinion of the Court
Bleckley, Chief Justice.
There is nothing to distinguish this, case from Duffie v. Corridon, 40 Ga. 122, except that in the execution and attestation of this will there was but one transaction, the witnesses all subscribing the unsigned will in the presence of the testator, and he, at the same time and place and immediately after they affixed their signatures, signing the document in their presence. In Duffie v. Corridon there were two interviews, at the first of which two of the witnesses (together -with another who was not afterwards present) subscribed, and at the second, the testator and…
2Cases cited6 opinions
- Jackson v. . JacksonNew York Court of Appeals · 1868
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- Reed v. WatsonIndiana Supreme Court · 1867
- O'Brien v. GalagherSupreme Court of Connecticut · 1856
- Chisholm's Heirs v. BenCourt of Appeals of Kentucky · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Waldrep v. GoodwinSupreme Court of Georgia · 1973
- Lacey v. DobbsSupreme Court of New Jersey · 1901
- Smith v. RyanSupreme Court of Iowa · 1907
- Lane v. LaneSupreme Court of Georgia · 1906
- Marshall v. MasonMassachusetts Supreme Judicial Court · 1900
4 more not listed; retrieve them via the Exa API.