Hargroves v. Redd
Supreme Court of Georgia
Removal to United States Courts. Admissions, Parol evidence to vacate wills. Before Judge Johnson. Muscogee Superior Court. May Term, 1870.' This case was here at December Term, 1869, and a new trial was granted. See Redd vs. Hargroves et al., 40 Georgia Reports, 18. The will and grounds of caveat are there fully set forth.
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Removal to United States Courts. Admissions, Parol evidence to vacate wills. Before Judge Johnson. Muscogee Superior Court. May Term, 1870.' This case was here at December Term, 1869, and a new trial was granted. See Redd vs. Hargroves et al., 40 Georgia Reports, 18. The will and grounds of caveat are there fully set forth. When the cause was called for trial below, all the defendants except Sophia W. Hargroves were allowed by the Court below to withdraw from the case, without prejudice. Sophia W. Hargroves filed her petition, averring that she was a citizen of Alabama, had reason to believe,…
1Opinion of the Court
McCay, Judge.
1. The Circuit Courts of the United States have, under the statutes organizing them, no probate jurisdiction. They have no machinery for recording a will, issuing letters and directing and supervising the administration. Any judgment they could give in the premises would only be collateral, and not final. This is, as we understand it, the settled rule, and the Circuit Courts uniformly decline the jurisdiction.
2. It appears, by the record, that the admission sought to be withdrawn was first made in previous trials of this case. It may fairly be presumed that the propounder has…
2Cited by16 opinions
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- Saliba v. SalibaSupreme Court of Georgia · 1947
- Barker v. HintonWest Virginia Supreme Court · 1907
- Will of LaddWisconsin Supreme Court · 1884
- Hoitt v. HoittSupreme Court of New Hampshire · 1885
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