F. B. Brown & Wife v. Carroll
Supreme Court of Georgia
Caveat to proof of nuncupative will. Tried before Judge Speer. Bibb Superior Court. May Term, 1867. Carroll offered for proof in solemn form, as the last will of Mary Ann E. Simmons, the following paper : “ Georgia, Wilkinson County : We, the undersigned, witnesses, state,' that we were present at the death of Mrs. Mary A. E. Simmons, in the county of Wilkinson, and State of Georgia, which took place on Sunday, the third day of January, 1864, at the house of Jesse B.…
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Caveat to proof of nuncupative will. Tried before Judge Speer. Bibb Superior Court. May Term, 1867. Carroll offered for proof in solemn form, as the last will of Mary Ann E. Simmons, the following paper : “ Georgia, Wilkinson County : We, the undersigned, witnesses, state,' that we were present at the death of Mrs. Mary A. E. Simmons, in the county of Wilkinson, and State of Georgia, which took place on Sunday, the third day of January, 1864, at the house of Jesse B. Carroll, of said county, she being there on a visit at the time, (her residence being in the city of Macon) and on that day,…
1Opinion of the CourtWalker, J.
We have had several cases, during the present term, involving a construction of the “ act to declare certain persons competent witnesses,” acts of 1866, p. 138, Eev. Code, Sec. 3798. See Chisholm vs. Turner, from DeKalb ; Field vs. Walker, from Murray, and Stamper & Wingo vs. Eobinson, from Forsyth. This is the first case in which a will was connected with it. The statute, as we have repeatedly held, does not exclude on account of interest, or being a party. Where one of the original parties to the contract or cause of action in issue and on trial, is dead, the other party cannot be admitted…
2Cited by6 opinions
- O'Brien v. SpaldingSupreme Court of Georgia · 1897
- Welch v. AdamsSupreme Court of New Hampshire · 1885
- Yarbrough v. YarbroughSupreme Court of Georgia · 1947
- Estate of JohnsonWisconsin Supreme Court · 1920
- Lee v. BoyerSupreme Court of Georgia · 1961
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