Adair v. Adair
Supreme Court of Georgia
Caveat to will in Paulding Superior Court. Tried before Judge Hammond, March, 1859. This was a caveat filed by John B. Adair and others, beirs at law, to a paper propounded as the last will and testament of Bozeman Adair, deceased.
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Caveat to will in Paulding Superior Court. Tried before Judge Hammond, March, 1859. This was a caveat filed by John B. Adair and others, beirs at law, to a paper propounded as the last will and testament of Bozeman Adair, deceased. The grounds of caveat, were in substance as follows: 1. That deceased was not of sound and disposing mind and memory at the time he executed said alleged last will and testament. 2. That said will was procured, and deceased induced to execute the same, by the undue and unlawful influence of James L. Adair and Mitchell S. Adair, principal legatees in said will, and…
1Opinion of the Court
By the Court
Stephens, J.,
delivering the opinion.
There is one ground on which we think a new trial ought to have been "granted in this case: the failure of the judge to charge as requested, that where, as in this case, the will is prepared by one who takes a large benefit under it, the will cannot be set up without strong proof that the testator understood its provisions and assented to them. That this charge as asked is sound law, and that it was applicable to the case are propositions not disputed in the argument. The real controversy touching this point, was as to the proper con*105struction of…
2Cited by4 opinions
- Mackenzie v. MinisSupreme Court of Georgia · 1909
- Davis v. FrederickSupreme Court of Georgia · 1923
- Woodson v. HolmesSupreme Court of Georgia · 1903
- Cook v. WashingtonSupreme Court of Georgia · 1928