Hall v. Hall
Supreme Court of Georgia
Caveat on appeal, in Hancock Superior Court. Tried before Judge Andrews, October Term, 1854. This was a question of devisavit vel non, upon a paper propounded as the will of Daniel Hall, deceased. The first clause gave Ms wife one half of his real estate; the second-gave his cousin Samuel Hall $1.000; the third provided that what he gave his wife was during her life, and ft her' death, to dispose of as she pleased.
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Caveat on appeal, in Hancock Superior Court. Tried before Judge Andrews, October Term, 1854. This was a question of devisavit vel non, upon a paper propounded as the will of Daniel Hall, deceased. The first clause gave Ms wife one half of his real estate; the second-gave his cousin Samuel Hall $1.000; the third provided that what he gave his wife was during her life, and ft her' death, to dispose of as she pleased. The next item — “ I leave the other part; that is, the remainder, to be equally divided among my nearest relatives.” The next was an attestation clause. Then follows, “I mean to be…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The meaning of the Statute of Frauds, in requiring a will to be attested by three or more credible witnesses, according to the charge of the Court below, was not that the same was to be established only by these witnesses, and'could not be set up by other testimony, but was, that the witnesses were not to be idiots, lunatics or persons convicted of crime. If this construction be taken in connection with the context, with the whole case, it is not erroneous. The language used in confining the exception to “ idiots, lunatics or persons…
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