Smith v. Reed
Supreme Court of Georgia
Appeal. Before Judge Bartlett. Polk superior court. June 28, 1915. Mrs. Mary G. Smith filed an application to the court of ordinary of Polk county for letters of administration on the estate of William H. Williams, deceased. A caveat was filed by Mrs. Willie Reed, who alleged that she was the daughter and sole heir of the decedent, and that there was no debt and no need of administration. The ease was carried to the superior court by appeal.
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Appeal. Before Judge Bartlett. Polk superior court. June 28, 1915. Mrs. Mary G. Smith filed an application to the court of ordinary of Polk county for letters of administration on the estate of William H. Williams, deceased. A caveat was filed by Mrs. Willie Reed, who alleged that she was the daughter and sole heir of the decedent, and that there was no debt and no need of administration. The ease was carried to the superior court by appeal. The evidence on behalf of the applicant tended to show, in brief, the following facts: William H. Williams (to whom the witnesses generally referred as…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The court charged the jury, in substance, that if Williams married the mother of the applicant in 1859, and the applicant was the child of that marriage, but if in 1871 or 1873 he entered into a ceremonial marriage with the mother of the caveatrix and continued to live with her as his wife until and after the death of the first wife, the second wife became his legal wife, and their child, born before the death of the first wife, thus became legitimate, and would share in the distribution of the estate with the child of the first marriage. There was no…
2Cases cited8 opinions
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3Cited by24 opinions
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