Newman v. Colbert
Supreme Court of Georgia
Caveat on appeal, in Coweta Superior Court. Tried by Judge Hill. September Term, 1852. The issue in this case arose upon a caveat to the nuncupative will of, Martha Newman.
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Caveat on appeal, in Coweta Superior Court. Tried by Judge Hill. September Term, 1852. The issue in this case arose upon a caveat to the nuncupative will of, Martha Newman. The following statement of facts was agreed on by counsel for the parties: iC That Martha Newman, died in September, 1851, in two or three days after the speaking of the pretended testamentary words: that Nematha Newman,the propoundcr of the will, attempted to prove said will before the Court of Ordinary of Coweta County, at the January Term, 1852, which Court gave judgment in favor of the caveators, (the defendants in…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The decision of the Ordinary against the will in this case, was taken by appeal to the Superior Court. Upon the trial on the appeal, the caveators moved to dismiss the cause, upon the ground, that six months having- elapsed since the speaking of the pretended testamentary words, and the testimony to prove them not having been reduced to writing withing six days after the making of the alleged will, no evidence whatever could bo received to set it up. The caveators below and here, relied upon the 20th section of the Statute 29th Charles II.…
2Cited by3 opinions
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- Territory of Hawaii v. Wong FeartHawaii Supreme Court · 1906
- Felker v. TaylorSupreme Court of Georgia · 1926