Colbert v. Pitner
Supreme Court of Georgia
Appeal from probate of will. Before Judge Hodges. Madison superior court. April 2, 1923. James F. Colbert executed his will on March 23, 1914, and died on April 8, 1922. Mrs. India Colbert Pitner and Mrs. Ouida Colbert Collier, daughters of the testator, were nominated executrixes. At the time the will was executed E. A. Colbert, a son of the testator had died leaving a widow and one child, Margarette Colbert. The widow married again, and thereby became Mrs. S. B. Sims.
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Appeal from probate of will. Before Judge Hodges. Madison superior court. April 2, 1923. James F. Colbert executed his will on March 23, 1914, and died on April 8, 1922. Mrs. India Colbert Pitner and Mrs. Ouida Colbert Collier, daughters of the testator, were nominated executrixes. At the time the will was executed E. A. Colbert, a son of the testator had died leaving a widow and one child, Margarette Colbert. The widow married again, and thereby became Mrs. S. B. Sims. Item two of the will provided: “My granddaughter Margarette Colbert, the only child of my beloved son Earl Arnold Colbert,…
1Opinion of the CourtAtkinson, J.
1. The grounds of the caveat numbered three, four, and six as amended were stricken on demurrer, and no exception was taken to the judgment.
2. The grounds of the motion for new trial numbered four, eight, thirteen, fourteen, and sixteen are incomplete and not 'sufficiently definite to present any question for decision.
3. In the fifth, sixth, and twelfth grounds of the Inotion for a new trial, error is assigned on rulings of the court refusing to allow questions propounded to a witness for the propounder on cross-examination, seeking to elicit the opinion of the witness as to the…
2Cases cited2 opinions
- Owen v. GrovesSupreme Court of Georgia · 1916
- Kaigler v. BrannonSupreme Court of Georgia · 1911
3Cited by7 opinions
- Dyar v. DyarSupreme Court of Georgia · 1926
- Norman v. HubbardSupreme Court of Georgia · 1948
- Gillen v. Coconut Grove Bank & Trust Co.Supreme Court of Georgia · 1931
- Wyche v. Bank of Campbell CountySupreme Court of Georgia · 1925
- Brooker v. BrookerSupreme Court of Georgia · 1951
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