Gaither v. Gaither
Supreme Court of Georgia
Caveat to will. In Putnam Superior Court. Tried before Judge Hardeman, at September Term, 1857. Brice T. Gaither died in September, 1853, and the following paper was admitted to probate, in common form, as his last will and testament, viz: «Georgia, -> I, Brice T. Gaither, of the State and Newton County, j county aforesaid, declare and publish the following to be my last will and testament: I desire, in the first place, that all my debts be paid as soon as it can be…
Read the full summary
Caveat to will. In Putnam Superior Court. Tried before Judge Hardeman, at September Term, 1857. Brice T. Gaither died in September, 1853, and the following paper was admitted to probate, in common form, as his last will and testament, viz: «Georgia, -> I, Brice T. Gaither, of the State and Newton County, j county aforesaid, declare and publish the following to be my last will and testament: I desire, in the first place, that all my debts be paid as soon as it can be conveniently done. Secondly. That should there be born unto me a posthumous heir, or heirs, that in that event, my estate be…
1Opinion of the Court
By the Court. —
Benning, J.
delivering the opinion.
Was the first ground of the motion to dismiss the rule nisi, good ?
Two reasons were urged in support of this grounds
1st. That Mrs. Gaither by qualifying as executrix añd going on to execute the will had admitted the will to be the will of Brice T. Gaither, and therefore, that she was estopped from saying, that it was not his will.
2d. That Mrs. Gaither’s application to set aside the judg-\ ment of probate, was equivalent to an application for leave to renounce her executorship; and, that having intermeddled as executrix, it could not be allowed…
2Cited by22 opinions
- Hardeman v. EllisSupreme Court of Georgia · 1926
- United States Fidelity & Guaranty Co. v. ClarkeSupreme Court of Georgia · 1939
- Abercrombie v. HairSupreme Court of Georgia · 1938
- McClure v. WadeCourt of Appeals of Tennessee · 1950
- Secrest v. SecrestSupreme Court of Oklahoma · 1930
17 more not listed; retrieve them via the Exa API.