Mallery v. Young
Supreme Court of Georgia
Appeal. Before Judge Gamble. Bulloch superior court. April term, 1894. John E. Mallery as executor propounded a paper for probate in solemn form' as the will of James Ellerbee, who died on April 11, 1893. This paper was dated April 22,1892. The first item of it provides for the payment of debts, and for burial.
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Appeal. Before Judge Gamble. Bulloch superior court. April term, 1894. John E. Mallery as executor propounded a paper for probate in solemn form' as the will of James Ellerbee, who died on April 11, 1893. This paper was dated April 22,1892. The first item of it provides for the payment of debts, and for burial. By the next two the testator bequeaths to his cousins, John E. Mallery and his sister Sarah Welsh, all of the real estate except 180 acres herein given to Willie Edenfield, whom, it is recited, the testator raised. By the fourth item the sum of $175 is given to the trustees of Salem…
1Opinion of the Court
Atkinson, Justice.
The Official report states with sufficient accuracy the contentions between the parties in this case. The verdict was for the caveatrix. Her contention was, that she was the next of kin of the testator, that the testator had. been induced by the representations of John E. Mallery and Sarah Welsh, who are the principal legatees under the will, to believe that she was not of kin to him, and that, acting under this belief, he had executed the will whereby his estate passed to them instead of to herself. The en’ors of law complained of go rather to the sufficiency than to the…
2Cited by22 opinions
- De La Cuesta v. CalkinsCalifornia Supreme Court · 1896
- Saliba v. SalibaSupreme Court of Georgia · 1947
- Credille v. CredilleSupreme Court of Georgia · 1905
- Purser v. McNairSupreme Court of Georgia · 1922
- Underwood v. UnderwoodCourt of Appeals of Georgia · 1931
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