Legal Opinion

McWhorter v. Oneal

Supreme Court of Georgia

Decided December 21, 1904PublishedCited by 3 opinions

Probate of will. Before Judge Lewis. Greene superior court. August 9, 1904. On November. 14, 1892, Mrs. Anna McWhorter Grant executed her will, naming as her sole heir her niece Edith McWhorter. Her husband, William L. Grant, died in 1894, and afterward she married Joshua Oneal.

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Probate of will. Before Judge Lewis. Greene superior court. August 9, 1904. On November. 14, 1892, Mrs. Anna McWhorter Grant executed her will, naming as her sole heir her niece Edith McWhorter. Her husband, William L. Grant, died in 1894, and afterward she married Joshua Oneal. On December 25, 1899, Mr. and Mrs. Oneal executed an instrument (which was attested like a deed of conveyance, and recorded), as follows: “that th'e said Joshua Oneal does consent and agree that, for a certain consideration herein contained, that' he does give, bequeath, and give to said Anna Oneal in fee simple all…

1Opinion of the CourtSimmons, C. J.

1. Where a married woman made a will, her husband died, and she subsequently remarried, the will, under the Civil Code, §3347, was revoked. See Ellis v. Darden, 86 Ga. 368.

2. The contract made subsequently to the second marriage, between the husband and wife, did not amount to a republication of the will, as it was wanting in the formalities essential to the making of a will. What are the rights of the parties under this contract can not be decided in the probate court, but may be determined in a court having jurisdiction of that question. Judgment affirmed.

All the Justices concur. On…

2Cases cited10 opinions

  1. In re the Estate of GarcelonCalifornia Supreme Court · 1894
  2. Hudnall v. HamIllinois Supreme Court · 1899
  3. Ellis v. DardenSupreme Court of Georgia · 1890
  4. Leach v. RainsIndiana Supreme Court · 1897
  5. Meyer v. FoggSupreme Court of Florida · 1857

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Houston v. PollardSupreme Court of Georgia · 1961
  2. Fambrough v. FambroughSupreme Court of Georgia · 1952
  3. Lawson v. HurtSupreme Court of Georgia · 1962

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