Hansell v. Bryan
Supreme Court of Georgia
Trover, in Pulaski Superior Court. Tried before Judge Love, April Term, 1855. This action was brought by Benjamin Bryan, as executor of Joseph M. Bryan, deceased, vs. Augustin II. Hansell, for several negroes. On the trial, -the plaintiff offered in evidence an exemplification from the Ordinary of the probata and record of the will.of his testator.
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Trover, in Pulaski Superior Court. Tried before Judge Love, April Term, 1855. This action was brought by Benjamin Bryan, as executor of Joseph M. Bryan, deceased, vs. Augustin II. Hansell, for several negroes. On the trial, -the plaintiff offered in evidence an exemplification from the Ordinary of the probata and record of the will.of his testator. Counsel for defendant-objected to the evidence, on the ground that there was no judgment of the Court of Ordinary pronouncing in favor of the will and ordering it to record. The Court over-ruled the objection, and this decision is assigned as…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] We agree with the Court below, in the opinion, that the fact of there being no formal entry of a judgment by the Court of Ordinary, pronouncing for the will, was not a sufficient objection to the admission of the exemplification which was offered.
The practice of our Courts of Ordinary, in this particular, is not very well settled, so far as form is concerned. This exemplification shows, however, that there was a probate of the will, and that the same was admitted to record in the proper Court. In favor of that Court as a co-ordinate branch…
2Cited by12 opinions
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