Stamper v. Hooks
Supreme Court of Georgia
Probate of Will. Appeal from Ordinaiy, in Lee Superior Court Decision by Judge Alien, March Term, 1857. In December, 1852, the Ordinary of Lee county, admitted to probate the following paper exhibited as the last will and testament of Robert S. Hook, deceased, late of said couuty, to-wit : In the name of God, Amen: I, Robert S. Hooks, knowing the uncertainty of the continuation of life, and the certainty of death ; being in a sound and disposing state of mind, do make this…
Read the full summary
Probate of Will. Appeal from Ordinaiy, in Lee Superior Court Decision by Judge Alien, March Term, 1857. In December, 1852, the Ordinary of Lee county, admitted to probate the following paper exhibited as the last will and testament of Robert S. Hook, deceased, late of said couuty, to-wit : In the name of God, Amen: I, Robert S. Hooks, knowing the uncertainty of the continuation of life, and the certainty of death ; being in a sound and disposing state of mind, do make this my last will and testament. First: I desire all my just debts paid. Second: I desire that my three sisters, Margaret E.,…
1Opinion of the Court
*606 By the Court.
Benning, J.
delivering the opinion.
If a person sign the writing, which he intends to be his; will, does the act of signing prevent the will from being a nuncupative will?
We think that it does. A mtncupative will is a will that is not in writing.
Swinburne says: A nuncupative testament is when the testator, without any writing, doth declare his will before a sufficient number of witnesses. 87. see id. 77. To the same ' effect, is the orphan’s legacy. Go'dolphin, 13. 6.
Coke says: “ Testamentum est duplex. 1. Inscriptis. 2„ Nuncupatwm, sett sine scriptis.”
Now it cannot be said of any…
2Cited by4 opinions
- Brown v. StateWashington Supreme Court · 1915
- Knox v. RichardsSupreme Court of Georgia · 1900
- Brown v. ButtsSupreme Court of Georgia · 1971
- Lee v. BarrowMississippi Supreme Court · 1930