Field v. Brantley
Supreme Court of Georgia
Probate of will. Before Judge Morris. Cobb superior court. November 24, 1911. Mrs. Jane M. Camp> a resident of Cobb county, died on June 30, 1911. Shortly after her death John T. Brantley and Sarah A. Camp offered in the court of ordinary of Cobb county, for probate in common form, an instrument which they represented to be her last will and testament, wherein the propounders were nominated as executors. The paper propounded was admitted to record as proved in common form.
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Probate of will. Before Judge Morris. Cobb superior court. November 24, 1911. Mrs. Jane M. Camp> a resident of Cobb county, died on June 30, 1911. Shortly after her death John T. Brantley and Sarah A. Camp offered in the court of ordinary of Cobb county, for probate in common form, an instrument which they represented to be her last will and testament, wherein the propounders were nominated as executors. The paper propounded was admitted to record as proved in common form. Subsequently the executors filed a proceeding to probate the will in solemn form, and to this proceeding a daughter, Mrs.…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The court of ordinary has original and exclusive jurisdiction over the probate of wills, and the issue to be decided on an application for probate is devisavit vel non, and does not include any issue as to the validity of the testator’s title. Civil Code, §§ 3853, 3856; Wetter v. Habersham, 60 Ga. 193, The statute provides for an appeal to the superior court from the judgment of the court of ordinary admitting or refusing the probate of a paper as a will; and Avhen such an appeal is taken to the superior court, that court becomes quoad hoc a probate…
2Cases cited9 opinions
- Ewing v. City of St. LouisSupreme Court of the United States · 1867
- Wetter v. HabershamSupreme Court of Georgia · 1878
- Finch v. FinchSupreme Court of Georgia · 1853
- Barksdale v. HopkinsSupreme Court of Georgia · 1857
- Greer v. BurnamSupreme Court of Georgia · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1941
- Jones v. RobinsonSupreme Court of Georgia · 1931
- McDowell v. McDowellSupreme Court of Georgia · 1942
- Peavey v. CrawfordSupreme Court of Georgia · 1936
- Boland v. AycockSupreme Court of Georgia · 1940
23 more not listed; retrieve them via the Exa API.