Bellamy v. Peeler

Lumpkin, Justice.

Nuncupative wills must be made in the time of the last sickness of the deceased. Code, §2479. The law in its wisdom allows the making of wills of this kind, but they must be made, not from choice, but of neces*468sity. Accordingly, it was held in Ellington v. Dillard et al., 42 Ga. 361, that such a will must be made in extremis.

In testing the validity of an alleged nuncupative will, it is impossible, in the nature of things, to lay down a fixed and unvarying mile as to what length of time may elapse between the dictation of the will and the death of the testator. In such case,…