Gay v. Sanders
Supreme Court of Georgia
Complaint. Before Judge Sheffield. Clay superior court. September term, 1896. On December 23, 1893, the four children of Allen Gay by his last wife brought suit against I. J. Sanders as executor de son tort, alleging (in brief) that Allen Gay died intestate, leaving an estate of realty and personalty which defendant received and applied to his own use, or wasted, and never accounted therefor.
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Complaint. Before Judge Sheffield. Clay superior court. September term, 1896. On December 23, 1893, the four children of Allen Gay by his last wife brought suit against I. J. Sanders as executor de son tort, alleging (in brief) that Allen Gay died intestate, leaving an estate of realty and personalty which defendant received and applied to his own use, or wasted, and never accounted therefor. Upon the introduction of evidence by both plaintiffs and defendant, an order was passed granting a non-suit, and the plaintiffs excepted. The trial judge explains that his intention was to direct a…
1Opinion of the CourtSimmons, C. J.
1. The paper upon which the defendant relied, as giving authority for his becoming executor, purported to be a last will and testament, but was attested by only one witness. As a will it was void. “All wills (except nuncupative wills) disposing of realty or personalty . . shall be attested and subscribed in the presence of the testator by three or more competent witnesses.” Civil Code, §3272. And in the case of Thornton v. Chisholm, 20 Ga. 338, this court held that an instrument attested by two witnesses only was void as a will.
A judgment of the court of ordinary, ordering the probate of such…
2Cases cited3 opinions
- Hooks v. StamperSupreme Court of Georgia · 1855
- Cureton v. TaylorSupreme Court of Georgia · 1892
- Thornton v. ChisholmSupreme Court of Georgia · 1856
3Cited by11 opinions
- West v. DownerSupreme Court of Georgia · 1962
- Henderson v. McVaySupreme Court of Georgia · 1998
- Blacksher Co. v. NorthrupSupreme Court of Alabama · 1911
- Chicago Title & Trust Co. v. BrownIllinois Supreme Court · 1899
- Poss v. NorrisSupreme Court of Georgia · 1944
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