Lamb v. Girtman
Supreme Court of Georgia
Caveat to will, in Jefferson Superior Court. Tried before Judge Holt, at December Term,. 1857. This was an appeal from the judgment of the Court of Ordinary, admitting to probate the will of Andrew Girtman, deceased. ' The principal question before this Court was, whether the will was executed according to law. The deceased being advanced in years, and of feeble health, sent for James S. Spier to write his will, and for Spencer G. Spivey and Zacheus L. Brown to witness it.
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Caveat to will, in Jefferson Superior Court. Tried before Judge Holt, at December Term,. 1857. This was an appeal from the judgment of the Court of Ordinary, admitting to probate the will of Andrew Girtman, deceased. ' The principal question before this Court was, whether the will was executed according to law. The deceased being advanced in years, and of feeble health, sent for James S. Spier to write his will, and for Spencer G. Spivey and Zacheus L. Brown to witness it. The will was written according to the instructions of deceased, and was then signed by him in a room, or hall adjoining…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
The first request of the propounder was, “that if the jury believe the testator might have seen the attestation of the will, it is sufficient; it is not necessary that he should actually have seen the attestation. The Court refused to give this charge, but said if the attestation be in the same room this is the law, otherwise it is not.”
*630[I.] We think that the Court ought to have given this request in charge.
It was admitted, that the request was legal, if warranted by the evidence, but it was denied, that it was warranted by the evidence.
The…
2Cited by13 opinions
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- Wood v. DavisSupreme Court of Georgia · 1926
- Stephens v. BradySupreme Court of Georgia · 1952
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