Epps v. Dean
Supreme Court of Georgia
Caveat to will, in Harris superior court. Tried before Judge Worrill, April Term, 1859. A writing, purporting to be the last will and testament of Elizabeth Holcomb, deceased, was propounded for probate in the court of ordinary of Harris county; and a ’ caveat to the same was filed by Seaborn L. Dean, the son, and heir at law, of deceased, upon the grounds— 1st. That said paper writing, purporting to be the last will and testament of Elizabeth Holcomb, deceased, if signed by…
Read the full summary
Caveat to will, in Harris superior court. Tried before Judge Worrill, April Term, 1859. A writing, purporting to be the last will and testament of Elizabeth Holcomb, deceased, was propounded for probate in the court of ordinary of Harris county; and a ’ caveat to the same was filed by Seaborn L. Dean, the son, and heir at law, of deceased, upon the grounds— 1st. That said paper writing, purporting to be the last will and testament of Elizabeth Holcomb, deceased, if signed by her, was subsequently revoked. 2d. That said will was procured by undue influence. 3rd. That the deceased was of…
1Opinion of the Court
*535 By the Court.
Benning, J.,
delivering the opinion.
There can be no doubt, that if a testator makes a deed for the property which he has bequeathed by his will, the act amounts to a revocation of the will. Why, then, should not such an act be pleadable in the court of ordinary as a bar to the establishment of the will ? An appeal to the superior court, and to a jury, will lie from the decision of the court of ordinary. Similar matters are pleadable in the court of ordinary; as the execution of a later will; the execution of a naked revocation; the cancellation of the will; the marriage of the…
2Cited by3 opinions
- Baacke v. BaackeNebraska Supreme Court · 1896
- Johnson v. HayesSupreme Court of Georgia · 1913
- Cummings v. CummingsCourt of Appeals of Georgia · 1954