Janes v. Dougherty
Supreme Court of Georgia
Complaint for land. Before Judge Bartlett. Floyd superior court. November 28, 1904. The' petition alleged, in substance: Ambrose Mills died in North Carolina, and his will, which was executed according to the laws of that State, was duly probated and admitted to record there in 1849. He thereby devised to his daughter, Jane A. King, certain town lots in Borne, Georgia, one of which is the land sued for, to be held by her “ during her life; for the use and support of herself…
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Complaint for land. Before Judge Bartlett. Floyd superior court. November 28, 1904. The' petition alleged, in substance: Ambrose Mills died in North Carolina, and his will, which was executed according to the laws of that State, was duly probated and admitted to record there in 1849. He thereby devised to his daughter, Jane A. King, certain town lots in Borne, Georgia, one of which is the land sued for, to be held by her “ during her life; for the use and support of herself and children, and at her death said property . . to be equally divided among the heirs of her body.” She caused a copy…
1Opinion of the CourtCobb, J.
A will executed in the presence of only two witnesses is inoperative to pass title to land in this State. . The will is void as a muniment of title, the judgment admitting it to probate is a nullity, and no mere lapse of time will prevent one from urging the invalidity of the will and the probate. See Janes v. Cherokee Lodge, 110 Ga. 627, in which the will involved in the present case was adjudged to be inoperative; Fortner v. Wiggins, 121 Ga. 26, and cit.; Castens v. Murray, 122 Ga. 396. Counsel for the plaintiffs in error practically concede that they can not rely upon the will of Ambrose…
2Cases cited3 opinions
- Castens v. MurraySupreme Court of Georgia · 1905
- Fortner v. WigginsSupreme Court of Georgia · 1904
- Janes v. Cherokee Lodge, No. 66, F. & A. M.Supreme Court of Georgia · 1900
3Cited by2 opinions
- Mitchell v. ArnallSupreme Court of Georgia · 1948
- Lane v. BeachampCourt of Appeals of Georgia · 1962