Crawford v. Thomas
Supreme Court of Georgia
Appeal. Before Judge Hodges. Elbert superior court. October 11, 1919. Mrs. Eunice Crawford offered for probate as the last will and testament of F. M. Crawford, deceased, certain instruments in writing ; and Mrs. Ollie Conwell, Mrs. H. S. Crawford, F. P. Crawford, and others filed their caveat to the application for probate, one ground of the caveat being that the instruments propounded for probate were deeds and were not testamentary in character.
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Appeal. Before Judge Hodges. Elbert superior court. October 11, 1919. Mrs. Eunice Crawford offered for probate as the last will and testament of F. M. Crawford, deceased, certain instruments in writing ; and Mrs. Ollie Conwell, Mrs. H. S. Crawford, F. P. Crawford, and others filed their caveat to the application for probate, one ground of the caveat being that the instruments propounded for probate were deeds and were not testamentary in character. The case was appealed to the superior court by consent, and there submitted upon the law and the facts to the court without the intervention of a…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.) We are of the opinion that probate should have been refused to the instruments offered as the last will and testament of F. M. Crawford. After a careful study of the instruments we are satisfied that they are not testamentary in character, but are deeds. They are deeds in form; they are called deeds by the maker; and the evidence introduced on the trial tends to show that the maker intended to execute deeds. We are aware of the fact that in several cases decided by this court it has been said that it is sometimes difficult to decide whether a paper…
2Cases cited6 opinions
- Isler v. GriffinSupreme Court of Georgia · 1910
- West v. WrightSupreme Court of Georgia · 1902
- Wynn v. WynnSupreme Court of Georgia · 1900
- Moye v. KittrellSupreme Court of Georgia · 1859
- Collier v. CarterSupreme Court of Georgia · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Smaha v. GeorgeSupreme Court of Georgia · 1943
- Patellis v. TannerSupreme Court of Georgia · 1944
- Montgomery v. ReevesSupreme Court of Georgia · 1929
- Snell v. ScarboroSupreme Court of Georgia · 1926
- Jennings v. JenningsSupreme Court of Georgia · 1931
4 more not listed; retrieve them via the Exa API.