Robinson v. King
Supreme Court of Georgia
Caveat, in Washington Superior Court, March Term, 1849. Tried before Judge PIolt, A caveat was entered to the probate and recording of tbe will of Elisha King, deceased, on sundry grounds, two only of which have been reviewed before this Court, viz : 1st. That the will was not properly attested by the witnesses to the same; and 2d.
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Caveat, in Washington Superior Court, March Term, 1849. Tried before Judge PIolt, A caveat was entered to the probate and recording of tbe will of Elisha King, deceased, on sundry grounds, two only of which have been reviewed before this Court, viz : 1st. That the will was not properly attested by the witnesses to the same; and 2d. That the following clause is void under the Statutes of Georgia, prohibiting tbe manumission of slaves — “ It is my will and desire, that my old servant, Writ, and her five children, viz : Mat, Sherrod, Chany, Dilla and Fanny, and her husband, Jacob, may be made to…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion,
[1.] The Statute of Frauds requires the attestation of a will of real estate to be “ in the presence'” of the testator, The first question in this case is, whether the will of Elisha King Was subscribed in his presence. The testator signed the will in bed, and was not able to get up Without assistance. The witnesses wrote their names to the will in a piazza adjoining the room where the testator lay, and were some ten feet distant from him. The room in which the testator was, communicated with the piazza by a door, but the situation of the testator…
2Cases cited3 opinions
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- Spalding v. GriggSupreme Court of Georgia · 1848
- Edelen v. Hardey's LesseeCourt of Appeals of Maryland · 1826
3Cited by11 opinions
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- Cook v. WinchesterMichigan Supreme Court · 1890
- Glenn v. MannSupreme Court of Georgia · 1975
- Limbach v. BolinCourt of Appeals of Kentucky · 1916
- Newton v. PalmourSupreme Court of Georgia · 1980
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