O'Brien v. Spalding
Supreme Court of Georgia
Probate of will-—appeal. Before Judge Lumpkin. Fulton superior court. September term, 1896. Jack J. Spalding, as executor, offered a paper for probate as the will of Catherine T. Flynn.
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Probate of will-—appeal. Before Judge Lumpkin. Fulton superior court. September term, 1896. Jack J. Spalding, as executor, offered a paper for probate as the will of Catherine T. Flynn. Caveats were filed by several persons, heirs at law of the last named, upon the grounds, that at the time of making the pretended will she was not of sound and disposing mind and memory; that it was not her will, because not freely and voluntarily executed by her; that she was led to believe the paper signed by her was her will, when in truth it was another and entirely different one, which she knew nothing…
1Opinion of the CourtFish, J.
1. The record before us discloses that Mr. King, an attorney at law, drafted the instrument offered for probate ás the will of Mrs. Flynn, called in person upon her at her home in order that he might read the paper over to her and explain its legal effect, and was subsequently present when she signed it, assisting in and supervising the execution and attestation of the instrument, which he himself signed as one of the attesting witnesses. Whether, under the peculiar circumstances attending and leading up to Mr. King’s connection with this matter, the relation of attorney and client existed…
2Cases cited10 opinions
- In Re Proving the Will of ColemanNew York Court of Appeals · 1888
- In re the Probate of the Will of LaymanSupreme Court of Minnesota · 1889
- Doherty v. O'CallaghanMassachusetts Supreme Judicial Court · 1892
- McMaster v. ScrivenWisconsin Supreme Court · 1893
- Scott v. HarrisIllinois Supreme Court · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
- Bank of Lumpkin v. Farmers State BankSupreme Court of Georgia · 1926
- In Re Martin, Jr.Ohio Supreme Court · 1943
- In re the Estate of ShapterSupreme Court of Colorado · 1906
- Ditton v. HartIndiana Supreme Court · 1911
26 more not listed; retrieve them via the Exa API.