Freeman v. Young
Supreme Court of Georgia
Appeal. Before Judge Freeman. Troup superior court. December 29, 1916. On August 22, 1914, J. Wid Freeman, through his attorneys, filed his petition, to the court of ordinary of Troup county for pro-hate in solemn form of the last will and testament of James G. Young, who had died on August 20, 1914. Citation was duly issued, and order for service granted. The heirs of the testator were his wife and eight children.
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Appeal. Before Judge Freeman. Troup superior court. December 29, 1916. On August 22, 1914, J. Wid Freeman, through his attorneys, filed his petition, to the court of ordinary of Troup county for pro-hate in solemn form of the last will and testament of James G. Young, who had died on August 20, 1914. Citation was duly issued, and order for service granted. The heirs of the testator were his wife and eight children. The heirs were required, in the citation, to show cause, on the first Monday in November next after the filing of the petition, why the will should not be proved in solemn form and…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.)
1. The court properly overruled the motion to dismiss the caveat to the petition for probate of the will. At the time this caveat was filed in the court of ordinary the petition for probate in solemn form was pending there. And while the caption of the caveat refers,to proceedings to probate in common form and contains a prayer that the executor be required to offer the will for probate in solemn form, nevertheless in all other respects it is a caveat appropriate to proceedings to probate in solemn form; and in the caption to demurrers filed before the…
2Cited by20 opinions
- Lewis v. StateSupreme Court of Georgia · 1943
- Tolver v. StateSupreme Court of Georgia · 1998
- Barkley v. StateSupreme Court of Georgia · 1940
- Lewis v. United StatesCourt of Appeals for the Ninth Circuit · 1930
- James v. StateSupreme Court of Georgia · 1959
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