Lively v. Harwell
Supreme Court of Georgia
Petition to revoke probate of will and letters testamentary in Putnam Superior Court. Tried before Judge Hardeman, at September Term, 1859. This was a proceeding before the Court of Ordinary, on the part of Susan W. Lively, the widow of Lewis P, Harwell, deceased; but who, since his death, has intermarried with George W. Lively, and the said George W., to annul and revoke the probate of a paper pronounced and recorded as the last will and testament of said deceased by said…
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Petition to revoke probate of will and letters testamentary in Putnam Superior Court. Tried before Judge Hardeman, at September Term, 1859. This was a proceeding before the Court of Ordinary, on the part of Susan W. Lively, the widow of Lewis P, Harwell, deceased; but who, since his death, has intermarried with George W. Lively, and the said George W., to annul and revoke the probate of a paper pronounced and recorded as the last will and testament of said deceased by said Court of Ordinary, upon the grounds : 1st. Because said paper writing, dated 15th February, 1858, after the making…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
Error is assigned in this ease on the first four charges giv<en by the Judge.
[1.] The first charge gives correctly the abstract law as to what constitutes probate in solemn form, but we think it was error to give that charge in this case, because there were not facts which could, as we think, have authorized the jury to conclude that the probate which was attacked, had been made in solemn form. The widow, in this case, had butfive days notice of the time when the will would be propounded, and we do not think that was sufficient notice, under…
2Cited by2 opinions
- Burge v. HamiltonSupreme Court of Georgia · 1884
- Andrews & Co. v. KaufmansSupreme Court of Georgia · 1878