Legal Opinion

Barksdale v. Hopkins

Supreme Court of Georgia

Decided August 15, 1857PublishedCited by 16 opinions

Caveat to will, in Upson Superior Court. Tried before Judge Cabiness, May Term, 1857. This was an appeal from the Ordinary, on the propounding of a paper dated in 1848, as the last will and testament of Mrs. Macharme Bunkley.

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Caveat to will, in Upson Superior Court. Tried before Judge Cabiness, May Term, 1857. This was an appeal from the Ordinary, on the propounding of a paper dated in 1848, as the last will and testament of Mrs. Macharme Bunkley. The administrator of Edward G. Harvey, E. A. Hopkins, and his wife, as heirs at law, entered a caveat, on the ground that, in 1850, the deceased, by a paper properly attested, under the statute of frauds, revoked this paper of 1848. On the trial, propounder proved the execution of the paper of 1848. Caveators then proposed to prove the paper of 1850, in which there was a…

1Opinion of the Court

By the Court. —

Benning, J.

delivering the opinion.

Tyrrel Barksdale propounded a writing in the Court of Ordinary of Upson county, for probate, as the will of Mrs. Macharme Bunkley. The writing was dated in 1848.

To the admission of the writing to probate, Edward G. Harvey, Eusebius A. Hopkins and his wife, Anna, as persons "of the next of kin” to Mrs. Bunkley, entered a caveat, resting on several grounds.

Among the grounds was this : “ That the said pretended will was revoked by the testatrix during her life time; to-wit: first, by actually cancelling and obliterating the seal attached thereto,…

2Cited by16 opinions

  1. Chehak v. BattlesSupreme Court of Iowa · 1907
  2. Williams v. MilesNebraska Supreme Court · 1903
  3. Estate of PattersonCalifornia Supreme Court · 1909
  4. Pickens v. DavisMassachusetts Supreme Judicial Court · 1883
  5. Blackett v. ZieglerSupreme Court of Iowa · 1911

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