Harwell v. Lively
Supreme Court of Georgia
Citation, to show cause why probate of will should not be set aside — appeal from the Ordinary in Putnam Superior Court.
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Citation, to show cause why probate of will should not be set aside — appeal from the Ordinary in Putnam Superior Court. Tried before Judge Harris, at March Term, 1860. This case originated in a citation sued out at the instance of Mrs. Susan Lively, requiring Thomas B. Harwell, executor of L. P. Harwell, deceased, to show cause why his letters testamentary, and the probate of the will of said Lewis P., granted by the Ordinary of said county, at October Term, 1858, should not be revoked, vacated and set aside, on the ground that said paper thus admitted to record and probate was not the last…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
His Honor Judge Habéis was asked by the counsel for the respondent, to charge the jury as follows, to-wit:. “That when a will is traced into the possession of the testator, and can not be found, upon diligent search after his death, the presumption of law is, that the testator destroyed it animo revocandi. And further,
“That if the jury believed, from all the facts and circumstances of the case in evidence before them, that the testator *319destroyed or otherwise cancelled' the last will with a mind and intention to revive the will admitted to…
2Cited by14 opinions
- Williams v. MilesNebraska Supreme Court · 1903
- Pickens v. DavisMassachusetts Supreme Judicial Court · 1883
- Stringer v. MillerWyoming Supreme Court · 1959
- In Re Stringer's EstateWyoming Supreme Court · 1959
- Dougherty v. HolscheiderCourt of Appeals of Texas · 1905
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