Burge v. Hamilton
Supreme Court of Georgia
Evidence. Wills., Husband and Wife. Ambiguity. Continuance. Parties. Before Judge Stewart. Floyd Superior Court. March Term, 1883. On August 7,1882, D. B. Hamilton, George Hillyer and. Eben Hillyer, as executors, propounded for probate a paper as the last will of Alfred Shorter, deceased, with a codicil thereto. They set out the names of a number of persons as being next of kin of the testator. Citation issued, and was served and published.
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Evidence. Wills., Husband and Wife. Ambiguity. Continuance. Parties. Before Judge Stewart. Floyd Superior Court. March Term, 1883. On August 7,1882, D. B. Hamilton, George Hillyer and. Eben Hillyer, as executors, propounded for probate a paper as the last will of Alfred Shorter, deceased, with a codicil thereto. They set out the names of a number of persons as being next of kin of the testator. Citation issued, and was served and published. A caveat was filed, on the grounds of undue influence, fraudulent practices to influ- ' ence the testator; that he labored under a mistake of fact as to…
1Opinion of the Court
Jackson, Chief Justice.
The propounders exhibited a paper which they alleged was. the last will of Alfred Shorter. The caveators, being the next of kin of the deceased, took issue, and alleged that it was not. The jury found on that issue with the propounders ; thereupon the caveators made a motion for a new trial, and upon the denial of that motion error is assigned here.
On a careful examination of the whole record—of all the grounds of the motion for a new trial, except on matters of practice-'—we think that they turn upon a single point) and that is, Avhether the testimony of Mr. Alexander,…
2Cases cited7 opinions
- Matter of Will of John KellumNew York Court of Appeals · 1873
- Morris v. StokesSupreme Court of Georgia · 1857
- Patterson v. HickeySupreme Court of Georgia · 1861
- Kitchens v. KitchensSupreme Court of Georgia · 1869
- Cobb v. BattleSupreme Court of Georgia · 1866
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3Cited by34 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Powell v. Augusta & Summerville RailroadSupreme Court of Georgia · 1887
- Estate of PattersonCalifornia Supreme Court · 1909
- Luis v. MuhrbackOregon Supreme Court · 1907
- Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1913
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