Greene v. Almand
Supreme Court of Georgia
Appeal. Before Judge Reese. Wilkes superior court. November term, 1899. John D. Floyd died intestate in Wilkes county, June 23, 1899. R. A. Almand, as the largest creditor, applied for letters of administration upon the estate.
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Appeal. Before Judge Reese. Wilkes superior court. November term, 1899. John D. Floyd died intestate in Wilkes county, June 23, 1899. R. A. Almand, as the largest creditor, applied for letters of administration upon the estate. A caveat was interposed by T. G. Greene, designated.as the choice of Catherine A. Greene, Arabella L. Floy.d, and Sophronia Cutten, daughters of Thomas Floyd, deceased, formerly of Putnam county, the caveator being a son of Catherine A. Greene, and these three sisters claiming to be the next of kin of John D. Floyd. The caveat was overruled, and appeal was taken. The…
1Opinion of the CourtCobb, J.
“Pedigree, including descent, relationship, birth, marriage, and death, may be proved . . by the declarations of deceased persons related by blood or marriage.” Civil Code, § 5177; Foster v. Brooks, 6 Ga. 293. “Before such declarations, however, can be admitted, the relationship of the declarant to the family must be proved by other evidence than his decía*737rations; for it would be a petitio principii to say that his declarations are receivable because he is a member of the family, and he is a member of the family because his declarations are receivable.” 1 "Whart. Ev. §218. “The relationship…
2Cases cited2 opinions
- Blackburn v. CrawfordsSupreme Court of the United States · 1866
- Foster v. BrooksSupreme Court of Georgia · 1849
3Cited by8 opinions
- Drawdy v. HestersSupreme Court of Georgia · 1908
- Wilson v. StateSupreme Court of Georgia · 1931
- Hines v. DonaldsonSupreme Court of Georgia · 1942
- Conyer v. BurckhalterCourt of Appeals of Texas · 1925
- Crawley v. SelbySupreme Court of Georgia · 1951
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