Hartz v. Sobel
Supreme Court of Georgia
Appeal. Before Judge Felton. Bibb superior court. April 28, 1910. Morris A. Hartz propounded for probate in solemn form an instrument as the last will and testament of Mrs. Minnie Cave.
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Appeal. Before Judge Felton. Bibb superior court. April 28, 1910. Morris A. Hartz propounded for probate in solemn form an instrument as the last will and testament of Mrs. Minnie Cave. Certain persons, as heirs at law of the decedent, filed a caveat on the grounds, that the decedent did not execute the will propounded: that it was never signed by her and attested by subscribing witnesses ; that she revoked the will made by her on March 31, 1908, by mutilating it, with intention to revoke it; and that the mutilation consisted in cutting out of the will and removing and destroying certain…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) The testatrix, after executing a will, cut from it with some sharp instrument two items and also certain words. When the will was propounded for probate, there were vacant places where these words had been, but the will presented was connected and expressed a complete testamentary scheme without the omitted words and items. By witnesses it was shown that a carbon copy of the will, except as to the signature and attestation, had been preserved. From this it appeared that the two items which had been cut out gave two legacies of $1,000 and $100 respectively,…
2Cases cited13 opinions
- McIntyre v. McIntyreSupreme Court of Georgia · 1904
- Lovell v. . QuitmanNew York Court of Appeals · 1882
- Wolf v. BollingerIllinois Supreme Court · 1872
- Burge v. HamiltonSupreme Court of Georgia · 1884
- Hayden v. MitchellSupreme Court of Georgia · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Fitzpatrick v. StateSupreme Court of Georgia · 1919
- Johnson v. KrocSupreme Court of Minnesota · 1923
- Morris v. BullockSupreme Court of Georgia · 1937
- Stephens v. LeatherwoodCourt of Appeals of Texas · 1927
- Langan v. CheshireSupreme Court of Georgia · 1951
17 more not listed; retrieve them via the Exa API.