Mosely v. Carr
Supreme Court of Georgia
Wills. Witness. Equity. Injunction. Before Judge Simmons. Bibb County. At Chambers. January 9,1883. The following extract from the decision of Judge Simmons sufficiently reports the case: a The bill alleges that one W. A. Evans died, leaving a will, by which he gave to-the complainants all of his propei-ty; that the will has been lost or destroyed; that he is seeking to-establish a copy of the will in the court or ordinary; that, two of the witnesses have made affidavits of…
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Wills. Witness. Equity. Injunction. Before Judge Simmons. Bibb County. At Chambers. January 9,1883. The following extract from the decision of Judge Simmons sufficiently reports the case: a The bill alleges that one W. A. Evans died, leaving a will, by which he gave to-the complainants all of his propei-ty; that the will has been lost or destroyed; that he is seeking to-establish a copy of the will in the court or ordinary; that, two of the witnesses have made affidavits of the execution, of the will, and that the third witness, one Summerlin, had promised to make an affidavit, but had been…
1Opinion of the Court
Crawford, Justice.
The single question presented by the record in this caséis whether, under a proper construction of section 2431 of the Code, the devisee or executor of a will alleged to have been lost, is bound to produce, and prove by all the subscribing witnesses thereto, if to be had, the existence of such will, before a copy can be established.
*335That section is in the following words: “ If a will be lost or destroyed subsequent to the death, or without the consent of the testator, a copy of the same, clearly proved to be such by the subscribing witnesses and other evidence may be admitted…
2Cases cited1 opinion
- Kitchens v. KitchensSupreme Court of Georgia · 1869
3Cited by10 opinions
- Scott v. MaddoxSupreme Court of Georgia · 1901
- Wood v. AcheySupreme Court of Georgia · 1918
- Fletcher v. GillespieSupreme Court of Georgia · 1946
- Westmoreland v. TallentSupreme Court of Georgia · 2001
- Harris v. CampSupreme Court of Georgia · 1912
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