Blackburn v. Woodward
Supreme Court of Georgia
Appeal. Before Judge Hammond. Richmond superior court. May 18, 1906. ' E. B. Blackburn, S. H. Blackburnj and Louisa Hodges instituted a proceeding in the1 court'of ordinary, against Gertrude Woodward, administratrix, to compel a settlement of the estate of Ashley O. Best, deceased, the plaintiffs claiming to be collateral kinsmen and heirs at law of the decedent, and entitled to a share of his estate.
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Appeal. Before Judge Hammond. Richmond superior court. May 18, 1906. ' E. B. Blackburn, S. H. Blackburnj and Louisa Hodges instituted a proceeding in the1 court'of ordinary, against Gertrude Woodward, administratrix, to compel a settlement of the estate of Ashley O. Best, deceased, the plaintiffs claiming to be collateral kinsmen and heirs at law of the decedent, and entitled to a share of his estate. The defendant filed her answer and an amendment thereto, setting mp that she was the wife of the decedent and his sole heir. On the trial of the case, on appeal, in the superior court, it…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. The court did not commit error in directing a verdict for the ■defendant. Under the undisputed evidence, there was a lawful, valid marriage between the defendant and Ashley O. Best, duly solemnized, the ceremony of marriage between the contracting parties having been performed by a minister of the gospel. This marriage of the defendant to Best occurred after the date of the decree of divorce between Best and a former wife, and when he was under no legal disability to contract marriage. When the decree of divorce and the record upon which it was predicated had been…
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