Legal Opinion

Griffin v. Henderson

Supreme Court of Georgia

Decided March 13, 1903PublishedCited by 87 opinions

Probate of will — appeal. Before Judge Candler. Newton superior court. April 12, 1902. Henderson, as executor, offered a paper for probate as the will of Mrs. A: C. Brown. A caveat was filed by her daughter, Mrs. Lula D. Griffin. On the trial there was a verdict in favor of the propounder. A motion by Mrs. Griffin for a new trial was overruled, and she excepted. The grounds of the motion are stated in the following opinion.

1Opinion of the CourtLamar, J.

The caveatrix, among other grounds, objected to the probate of her mother’s will, for the'reason that the testatrix had made the will under a mistake of fact as to the conduct of the daughter, who was her sole heir at law. Civil Code, § 3262. No demurrer or exception was filed to this ground of the caveat. One *383of the grounds of alleged error was that the court refused to permit the caveatrix to testify as a witness to any communications made to her by her mother, or conversations between them. “ The court so ruling, no questions were propounded to the witness (caveatrix), who would have…

2Cases cited5 opinions

  1. Freeman & Turner News Co. v. Mencken & Bro.Supreme Court of Georgia · 1902
  2. Southern Mutual Insurance v. HudsonSupreme Court of Georgia · 1901
  3. Railroad v. StonecipherTennessee Supreme Court · 1895
  4. Thompson v. StateSupreme Court of Georgia · 1875
  5. Omaha Fire Insurance v. BergNebraska Supreme Court · 1895

3Cited by87 opinions

  1. Trammell v. ShirleyCourt of Appeals of Georgia · 1928
  2. Andrews v. StateSupreme Court of Georgia · 1903
  3. Hall v. StateSupreme Court of Georgia · 1947
  4. Stephen W. Brown Radiology Associates v. GowersCourt of Appeals of Georgia · 1981
  5. Hendrick v. DanielSupreme Court of Georgia · 1904

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