Horton v. Johnson
Supreme Court of Georgia
Probate of will, in Stewart Superior Court. Tried before Judge Worrell, April Term, 1855. A single question was made in this case. Jesse G. Meadows, one of the witnesses to the will, not being able to write his name, another of the witnesses wrote it -for him and at his request. , He was about to make his mark, when testator, said it was unnecessary, if the witness was present, saw it done .and assented to it. On these facts, the Court below refused probate to the will.
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Probate of will, in Stewart Superior Court. Tried before Judge Worrell, April Term, 1855. A single question was made in this case. Jesse G. Meadows, one of the witnesses to the will, not being able to write his name, another of the witnesses wrote it -for him and at his request. , He was about to make his mark, when testator, said it was unnecessary, if the witness was present, saw it done .and assented to it. On these facts, the Court below refused probate to the will. This decision is assigned as error.
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] In tho matter of Horton’s will, we think the Court was right in refusing to allow the same to go to probate. Two of the witnesses only subscribed the paper. True, the name of the third iras written under the attestation clause, by one of the two who did subscribe. But this will not suffice.
The Statute of Frauds requires, that all devises and bc•quests of lands and tenements, shall be in writing, and signed by the party so devising the same, or by some other person, in his presence and by his express directions; and shall be attested and…
2Cited by3 opinions
- Gillis v. GillisSupreme Court of Georgia · 1895
- In re the Probate of the Will of StrongNew York Surrogate's Court · 1891
- In re: GreenamyerCourt of Appeals of North Carolina · 2026