Walker v. Perryman
Supreme Court of Georgia
Rule nisi and caveat, in Upson Superior Court. Tried be■fore Judge Cabiness, at May Term, 1857. The last will and testament of James Walker, deceased, had been admitted to probate, in solemn form, by the Ordinary of Upson county^ and upon appeal from said judgment to the Superior Court, a special jury found for the will.
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Rule nisi and caveat, in Upson Superior Court. Tried be■fore Judge Cabiness, at May Term, 1857. The last will and testament of James Walker, deceased, had been admitted to probate, in solemn form, by the Ordinary of Upson county^ and upon appeal from said judgment to the Superior Court, a special jury found for the will. At January Term, 1851, the Court of Ordinary passed a final order, that the said will be" admitted to record, and that letters testamentary issue to the executor, Nathaniel F. Walker. At the July Term, 1852, of the Court of Ordinary of said-county, Robert Perryman, Freeman…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
[1.] Was the Court right in holding, that the fact that a *315portion of the heirs of Mary Perryman were parties to the first proceeding, for the probate of the will of their grand-father, did not preclude the rest, who were neither parties nor privies, from moving this second proceeding? We think so most clearly.
Each of these grand-children was entitled, in his own right, to his share of his ancestor’s estate; and to contest any conflicting claim. They did not claim through one another. The interest of each was separate and independent. Therefore^…
2Cited by4 opinions
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- Childs v. HaymanSupreme Court of Georgia · 1884
- Jones v. JohnsonSupreme Court of Georgia · 1881