Lane v. Lane
Supreme Court of Georgia
Probate of will. Before Judge G-ober. Cobb superior court. March 13, 1905. A will was propounded for probate in solemn form.
Read the full summary
Probate of will. Before Judge G-ober. Cobb superior court. March 13, 1905. A will was propounded for probate in solemn form. It appeared, from the testimony introduced by the propounder, that the paper propounded was not signed by the alleged testatrix until after it was signed by the witnesses thereto, though there was evidence to the effect that the signing by the testatrix and by them was all a part of the same transaction, she having signed just after the last witness had subscribed his name. The presiding judge held that the paper was not valid as a will and not entitled to probate, and…
1Opinion of the CourtLumrkin, J.
(After stating the facts.)
1. This ease is controlled by the decision in Brooks v. Woodson, 87 Ga. 379, and it in turn rests upon that in Duffie v. Corridon, 40 Ga. 122. We are asked to review and reverse those decisions, but we are content to adhere to them. It is true that there is a conflict of rulings as to whether a will is valid if the signing by the testator and the attestation by the witnesses are each a part of the same transaction, although the testator may not sign first. In the opinion in the case above cited, Bleckley, Chief Justice, said: “To witness a future event is equalty…
2Cases cited6 opinions
- Simmons v. LeonardTennessee Supreme Court · 1892
- Duffie v. CorridonSupreme Court of Georgia · 1869
- Brooks v. WoodsonSupreme Court of Georgia · 1891
- Welty v. WeltyCourt of Appeals of Maryland · 1855
- Alvord v. . City of SyracuseNew York Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Waldrep v. GoodwinSupreme Court of Georgia · 1973
- In Re Will of KellySupreme Court of North Carolina · 1934
- Small v. JarrettSupreme Court of Georgia · 1923
- Slemmons v. TolandOhio Court of Appeals · 1916
- Waldrep v. GoodwinSupreme Court of Georgia · 1973