Legal Opinion

Holloman v. Copeland

Supreme Court of Georgia

Decided July 15, 1851No. 7PublishedCited by 7 opinions

Appeal from the Ordinary. Tried in Stewart Superior Court, before Judge Iverson, April Term, 1851. The following facts were agreed upon by the parties in the Court below— “John G. Perry, on the 2d day of March, 1848, made and published his last will and testament. On the 18th day of November, 1850, he departed this life. In the month of May, 1850, previous to his death,' a child, a daughter, still in life, was born.

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Appeal from the Ordinary. Tried in Stewart Superior Court, before Judge Iverson, April Term, 1851. The following facts were agreed upon by the parties in the Court below— “John G. Perry, on the 2d day of March, 1848, made and published his last will and testament. On the 18th day of November, 1850, he departed this life. In the month of May, 1850, previous to his death,' a child, a daughter, still in life, was born. At the January Term, 1851, of the Court of Ordinary, the will was proven and the executors qualified. The estate was worth about $>45,000. At the March Term of the Court of…

1Opinion of the Court

*81 By the Court.

Warner, J.

delivering the opinion.

[1.] By the Act of December, 1834, it is declared, that “In all cases where a person having made a will, shall marry, or have born a child or children, and no provision shall be made in said will for the wife, after married, or child or children after born, and shall depart this life without revoking said will, or altering it subsequent to said marriage, or subsequent to the birth of said afterborn child or children, the Justices of the Inferior Court of the County, while sitting as a Court of Ordinary, having jurisdiction of the case, shall pass…

2Cited by7 opinions

  1. In re Donges's EstateWisconsin Supreme Court · 1899
  2. Bowen v. HoxieMassachusetts Supreme Judicial Court · 1884
  3. Baacke v. BaackeNebraska Supreme Court · 1896
  4. Newman v. WatermanWisconsin Supreme Court · 1885
  5. Sutton v. HancockSupreme Court of Georgia · 1902

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