Pryor v. Coggin
Supreme Court of Georgia
Caveat to the last will and testament of John Coggin, from the Superior Court of Pike County. Tried before Judge Starke, October Term, 1854. In June, 1852, John Coggin made this will, and afterwards died. On the trial, it appeared that he was at the time upwards of seventy years of age. The witnesses to the will testified, that in their opinion he was of sound and disposing mind and memory; or at least, was competent to make a will; and that he did so freely and voluntarily.
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Caveat to the last will and testament of John Coggin, from the Superior Court of Pike County. Tried before Judge Starke, October Term, 1854. In June, 1852, John Coggin made this will, and afterwards died. On the trial, it appeared that he was at the time upwards of seventy years of age. The witnesses to the will testified, that in their opinion he was of sound and disposing mind and memory; or at least, was competent to make a will; and that he did so freely and voluntarily. It also appeared that the will was written by McRory, his son-in-law, and who was one of the favored legatees under the…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The alleged error upon which we find it our duty chiefly to observe in this case is, the refusal of the Court below to instruct the Jury that if when he asked for his will the testator were deceived by Matthew Coggin’s handing to him another paper in lieu thereof, which he destroyed, &c. this amounts to a legal revocation.
It is true, that the request was not made in writing; and it is also true that the Judge did not, in so many words, refuse so to charge: but he omitted or failed to give such instruction. And the question is raised, whether…
2Cited by13 opinions
- Slaughter v. LinderCourt of Appeals of Georgia · 1970
- Smith v. PageSupreme Court of Georgia · 1884
- Jackson v. MatlockCourt of Appeals of Georgia · 1953
- American Fire & Casualty Company v. GrizzleCourt of Appeals of Georgia · 1963
- Will of LaddWisconsin Supreme Court · 1884
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