Garrett v. Wheeless
Supreme Court of Georgia
Wills. Legacies. Before Judge WELLBORN. Hall Superior Court. February Term, 1882. The facts of this case are sufficiently.stated in the decision, except the following: Riley Garrett, the testator, was an illegitimate son of one Mary Garrett, and the caveators were his first cousins on his mother’s side. The testimony shows that he always recognized Isham Wheeless, the father of the legatee in the will, as his cousin, and that they were intimate with each other.
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Wills. Legacies. Before Judge WELLBORN. Hall Superior Court. February Term, 1882. The facts of this case are sufficiently.stated in the decision, except the following: Riley Garrett, the testator, was an illegitimate son of one Mary Garrett, and the caveators were his first cousins on his mother’s side. The testimony shows that he always recognized Isham Wheeless, the father of the legatee in the will, as his cousin, and that they were intimate with each other. Jarman on Wills, vol. 1, [24] ; 24 Ga., 643, 658; 28 Id., 98, 330; Watford vs. Foster, February Term, 1881 ; Williamson Executors,…
1Opinion of the Court
Jackson, Chief Justice.
The following instrument was offered for probate:
“GEORGIA — Randolph County.
In the name of God, amen. I, Riley Garrett, of of the county of Randolph, and state of Georgia, being of perfect mind and memory, thanks be given unto God, calling unto mind the mortality of body, and knowing that is appointed unto all men once to die, I do make and ordain this my last will testament, that is to say, principally, and first of all, I give and recommend to the earth to be buried in decent Christian manner, at the discretion of executors, who shall be Isham WheeIus, and so much of…
2Cited by2 opinions
- Cornelius v. CrosbySupreme Court of Georgia · 1979
- Morgan v. HugginsU.S. Circuit Court for the Northern District of Georgia · 1890