Walker v. Hunter
Supreme Court of Georgia
Caveat, from Twiggs Superior Court. Tried, before Judge Powers, March Term, 1854. This was a caveat to the last will and testament of William Hunter, Sr., filed by the defendants in error, on the following grounds: 1st. That the testator, William Hunter, at the time he made and published said will, was not of testable capacity, but was of weak and unsound mind. 2nd.
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Caveat, from Twiggs Superior Court. Tried, before Judge Powers, March Term, 1854. This was a caveat to the last will and testament of William Hunter, Sr., filed by the defendants in error, on the following grounds: 1st. That the testator, William Hunter, at the time he made and published said will, was not of testable capacity, but was of weak and unsound mind. 2nd. That the said testator, at'the time he made and published his said last will and testament, was laboring under a mental delusion in regard to the slaves or negroes bequeathed by him in said will; that he fancied, and delusively…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Was it right to grant the new trial ? That is the sole .question in this case.
The Court below put its decision granting a new trial, on a number of grounds, ,viz: That the paper propounded as the will of Hunter had not been proven, in solemn form, to be his will.
That the execution of that paper had not been sufficiently-proven.
That the verdict of the Jury was contrary to the evidence and the weight of the evidence — contrary to the charge of the Court and contrary to law.
That one of the Counsel for Walker entertained at his • house one night…
2Cases cited1 opinion
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