Smith v. DuBose
Supreme Court of Georgia
Parent and Child. Wills. Constitutional Law. Public Policy. Negroes. Charge of Court. Fraud. Bastards. Practice in Supreme Court. Before Judge Lumpkin. Hancock Superior Court. April Term, 1886 DuBose and Worthen propounded for probate a paper purporting to be the will of David Dickson, deceased. Smith et al. filed a caveat. The ordinary admitted the will to probate, and an appeal to the superior court was taken. On the trial, a verdict in favor of the propounders was found.
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Parent and Child. Wills. Constitutional Law. Public Policy. Negroes. Charge of Court. Fraud. Bastards. Practice in Supreme Court. Before Judge Lumpkin. Hancock Superior Court. April Term, 1886 DuBose and Worthen propounded for probate a paper purporting to be the will of David Dickson, deceased. Smith et al. filed a caveat. The ordinary admitted the will to probate, and an appeal to the superior court was taken. On the trial, a verdict in favor of the propounders was found. The caveators moved for a new trial on the following grounds: (1), (2) Because the court erred in having this case tried…
1Opinion of the Court
Hall, Justice.
In response to a notice served by the executors of David Dickson, late of Hancock county, deceased, on his heirs and distributees, to show cause why his will should not be proved in solemn form, a portion of them appeared and caveated the probate, on the grounds:(1) That the will was procured by the undue influence of Amanda Dickson and her mother, Julia Dickson, or one of them.(2) That it was procured by the fraud of said Julia and Amanda in inducing said David Dickson to believe that said Amanda was his child, when she was not; and that her sons were the sons of Eubanks, when…
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