Finch v. Finch
Supreme Court of Georgia
Caveat to Will, on appeal, in Oglethorpe Superior Court. Tried before Judge Baxter, April Term, 1853. Jesso Finch, one of the legatees under the alleged will of William Finch, deceased, propounded the same for probate, and gave notice thereof to the next of kin.
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Caveat to Will, on appeal, in Oglethorpe Superior Court. Tried before Judge Baxter, April Term, 1853. Jesso Finch, one of the legatees under the alleged will of William Finch, deceased, propounded the same for probate, and gave notice thereof to the next of kin. They entered their plea and caveat to this application, and alleged therein, that shortly after the death of William Finch, all of the legatees and heirs at law, agreed that the will should not be set up; but that the estate should be distributed under the Statute of Distributions — which agreement to distribute, was reduced to…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
[1.] Was the Court right in refusing the motion of the caveators, to dismiss the proceeding, on the ground, that Jesse Finch, not being an executor named in the ivill, could not be a propounder of the same, until he had called on the executors therein nominated, .to propound the will, or else to refuse to do so ? Upon this point the rule is clear, as laid down by Mr. Williams, and all the elementary wdrks upon this subject: — . *364“ The person alone by whom the testament can bo proved, is the executor named in it, whom (as before stated) the…
2Cited by22 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Tilley v. KingSupreme Court of Georgia · 1940
- Peavey v. CrawfordSupreme Court of Georgia · 1936
- Strickland v. PetersCourt of Appeals for the Fifth Circuit · 1941
- Field v. BrantleySupreme Court of Georgia · 1913
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