Walker v. Walker
Supreme Court of Georgia
Caveat in Upson Superior Court. Tried before Judge Starke, May Term, 1853, This was an issue of “ devisavit vel non,” made upon tbewill of Mrs. Charity Walker; propounded by Nathaniel Walker, executor named therein, and to which a caveat was filed, by Benjamin Walker, on the ground of weakness and imbecility of mind in the testatrix, arising from age and infirmity; and of undue influence and artifice and deceit on the part of the propounder, in procuring said will to be…
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Caveat in Upson Superior Court. Tried before Judge Starke, May Term, 1853, This was an issue of “ devisavit vel non,” made upon tbewill of Mrs. Charity Walker; propounded by Nathaniel Walker, executor named therein, and to which a caveat was filed, by Benjamin Walker, on the ground of weakness and imbecility of mind in the testatrix, arising from age and infirmity; and of undue influence and artifice and deceit on the part of the propounder, in procuring said will to be made. Upon this issue, the cause was submitted to a jury, and a large amount of evidence on both sides introduced; so much…
1Opinion of the Court
*249 JBy the Court.
Lumpkin, J.,
delivering the opinion.
[1.] The first error assigned in this caso is, in permitting the Caveators to prove what Elijah Thompson swore to, on the former trial of this cause, he being dead; by using his testimony as incorporated in the brief of evidence agreed upon, on the motion for a new trial in the same cause.
It is insisted that the rule of evidence requires that a witness should be produced who heard the deceased swear on the former trial; and that this is not only the best, but the only proof that the Court is authorized to receive.
[2.] This species of testimony…
2Cited by31 opinions
- Choice v. StateSupreme Court of Georgia · 1860
- State v. PikeSupreme Court of New Hampshire · 1870
- Bridger v. Exchange BankSupreme Court of Georgia · 1906
- Flynt v. StateCourt of Appeals of Georgia · 1980
- Augusta & Summerville Railroad v. DorseySupreme Court of Georgia · 1881
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