Harvey v. Anderson
Supreme Court of Georgia
[1.] To i’ender a witness incompetent, on the ground of interest, it must be shown that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
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[1.] To i’ender a witness incompetent, on the ground of interest, it must be shown that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action. The interest to exclude a witness must be a present, certain, and vested interest, and not an interest uncertain, remote or contingent. [2.] Whenever the capacity of a testator is in any degree doubtful at the time of the execution of his will, there must be proof of instructions given, or of reading it over, the more especially when the…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The plaintiffs in error insist that the Court below erred in granting a new tria? in this case. First, on the ground that the testimony of John M. Barksdale, was improperly admitted. Second, on the ground that the admissions of Anderson, who was the propounder of the will, the executor thereof, and legatee *74under it, were improperly admitted in evidence to the Jury at the trial; and third, that conceding there was error in the admission of the evidence specified in the first and second grounds taken for a new7 trial, still the verdict was…
2Cited by8 opinions
- Brown v. KendrickSupreme Court of Georgia · 1926
- Davis v. FrederickSupreme Court of Georgia · 1923
- Hayes v. BurkamIndiana Supreme Court · 1879
- La Bau v. VanderbiltNew York Surrogate's Court · 1879
- Williamson v. NabersSupreme Court of Georgia · 1853
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