Sampson v. Browning
Supreme Court of Georgia
John C. Browning propounded for probate, before the Ordinary of Thomas county, the following instrument in writing, as containing the nuncupative will of Peyton Walden, deceased, and to which Stephen Sampson, one of the heirs, entered a caveat State op Georgia, County of Thomas- We Hansell Hall, S. Samuel Adams, Samuel Williams, and Ashly Holliday, were present on the evening of the twenty-second day of April, in the year of our Lord one thousand eight hundred and…
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John C. Browning propounded for probate, before the Ordinary of Thomas county, the following instrument in writing, as containing the nuncupative will of Peyton Walden, deceased, and to which Stephen Sampson, one of the heirs, entered a caveat State op Georgia, County of Thomas- We Hansell Hall, S. Samuel Adams, Samuel Williams, and Ashly Holliday, were present on the evening of the twenty-second day of April, in the year of our Lord one thousand eight hundred and fifty-four, at the house of John Waldep, at whose house Peyton Walden died suddenly; a few hours previous to his death, the said…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Should the motion for a new trial have been granted ?
The plaintiff in error contends, that there were two grounds sufficient to support the motion. -
1st. A want of proof to show that the “testator, at the time of pronouncing” the words propounded as his will, “ did bid the persons present, or some of them, bear witness that such was his last will, or to that effect.”
2nd. A want of proof to show, that “such nuncupative will ” was “ made in the time of the last sickness of the deceased. ”
It is true that there was no evidence going to show, that the…
2Cited by8 opinions
- Cannon v. SeyboldtIdaho Supreme Court · 1935
- Scales v. Heirs at LawSupreme Court of Georgia · 1903
- Andrews v. AndrewsMississippi Supreme Court · 1873
- Knox v. RichardsSupreme Court of Georgia · 1900
- Mulligan v. LeonardSupreme Court of Iowa · 1877
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