Gaither v. Gaither
Supreme Court of Georgia
Caveat to will. On appeal, in Putnam Superior Court. Tried before Judge Hardeman, September Term, 1856. Price T. Gaither died September, 1858, and by his will, gave the whole of his property to his wife for life, and the one-half to his brothers and sisters at her death. His widow qualified as executrix of the will. Afterwards, in 1856, she moved to revoke the probate of the will, on the following grounds: 1st. Because of the want of testamentary capacity. 2d.
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Caveat to will. On appeal, in Putnam Superior Court. Tried before Judge Hardeman, September Term, 1856. Price T. Gaither died September, 1858, and by his will, gave the whole of his property to his wife for life, and the one-half to his brothers and sisters at her death. His widow qualified as executrix of the will. Afterwards, in 1856, she moved to revoke the probate of the will, on the following grounds: 1st. Because of the want of testamentary capacity. 2d. Because the will was written at the dictation of Henry •'Haither, father of the deceased. 3d. Undue influence of Henry Gaither. Geo.…
1Opinion of the Court
*715 By the Court.
Benning, J.
delivering the opinion.
The paper admitted to probate as the will of Brice T. Gaither was in the following words:
"Georgia, Newton County :
I, Brice T. Gaither, of the State and 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 equally divided between my wife, Elizabeth Gaither, and said heir or heirs; but should no heir be born of said…
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