Morris v. Stokes
Supreme Court of Georgia
Caveat to will, from Muscogee Superior Court. Tried before Judge Worrill, at November Term, 1856. The questions in this case arose upon the admission to probate in solemn form of law, of a paper purporting to be the last will and testament of Pearce A. Philips, deceased, who departed this life a minor about eighteen or nineteen years of age. The following is a copy of the will, viz: State or Georgia.
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Caveat to will, from Muscogee Superior Court. Tried before Judge Worrill, at November Term, 1856. The questions in this case arose upon the admission to probate in solemn form of law, of a paper purporting to be the last will and testament of Pearce A. Philips, deceased, who departed this life a minor about eighteen or nineteen years of age. The following is a copy of the will, viz: State or Georgia. In the name of God, amen! I, Pearce A. Philips, being weak of body and in feeble health but of sound and disposing mind and memory, and being desirous of making a disposition of my property, do…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The two points made upon the record in this case are,
1st. The rejection of the sayings of John L. Lewis, the uncle and guardian of the testator, and one of the principal legatees under the will.
2dly. The mis-direetion of the Court in its charge to the jury.
For as to the midnight communication overheard by Dr. *569Lyon, in which the Lewises, the Philipses and the Pearces were the interlocutors, we do not think that it amounts to anything, as there is no proof that the conspiracy then and there coucocted, was ever executed. None of the persons therein…
2Cases cited1 opinion
- Dudley v. SumnerMassachusetts Supreme Judicial Court · 1804
3Cited by32 opinions
- Slaughter v. HeathSupreme Court of Georgia · 1907
- Bennett v. HaleyCourt of Appeals of Georgia · 1974
- Bundy v. McKnightIndiana Supreme Court · 1874
- Griffin v. BarrettSupreme Court of Georgia · 1936
- Manley v. CombsSupreme Court of Georgia · 1944
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