Evans v. Smith
Supreme Court of Georgia
Caveat to Will, from Eayette superior court. Tried before Judge Bull, at September Term, 1858. Martha T. Smith, propounded for record and probate in the court of Ordinary of Eayette county, the following paper as the last will and testament of Jincey E. Smith, deceased, to-wit: Georgia, 1 Know all persons by these pres-Baldwin County, j ents, that we, Jane E. Smith of the one part, and Patsey T. Smith of the other part, both of the State and county aforesaid, have this day…
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Caveat to Will, from Eayette superior court. Tried before Judge Bull, at September Term, 1858. Martha T. Smith, propounded for record and probate in the court of Ordinary of Eayette county, the following paper as the last will and testament of Jincey E. Smith, deceased, to-wit: Georgia, 1 Know all persons by these pres-Baldwin County, j ents, that we, Jane E. Smith of the one part, and Patsey T. Smith of the other part, both of the State and county aforesaid, have this day covenanted and agreed, and by these presents do each of us covenant and agree with each other, that for and in…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion'.
The exceptions are two — one to the admission of the verbal evidence as to intention; the other to the admission of the paper as a will.
The object of this verbal evidence was, to show that the paper was a will; and whether the evidence was admissible or not, depended on, -whether showing that, would have been to contradict the paper. If showing that, would have been consistent with-the terms of the paper, then, to show that would not have been a violation *105of any rale of which we are aware. There is no rule that excludes parol evidence…
2Cited by16 opinions
- Curry v. CottonIllinois Supreme Court · 1934
- Epperson v. WhiteTennessee Supreme Court · 1927
- Estate of CawleyPennsylvania Orphans' Court, Union County · 1890
- Lampkin v. EdwardsSupreme Court of Georgia · 1966
- Clements v. JonesSupreme Court of Georgia · 1928
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