Irving v. Irving
Supreme Court of Georgia
Appeal. Before Judge George L. Bell. Fulton superior court. October 20, 1920. .Lacy Irving died on December 6, 1919, leaving a last will and testament which contains various bequests to Willie Bell Irving, referred to in the will as his wife, and to certain named children of his. This will was offered for probate by Willie Bell Irving and J. W. E. Linder; and to the application for probate a caveat was filed by Lena Irving.
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Appeal. Before Judge George L. Bell. Fulton superior court. October 20, 1920. .Lacy Irving died on December 6, 1919, leaving a last will and testament which contains various bequests to Willie Bell Irving, referred to in the will as his wife, and to certain named children of his. This will was offered for probate by Willie Bell Irving and J. W. E. Linder; and to the application for probate a caveat was filed by Lena Irving. One of the grounds of caveat — the one out of which springs the question to be determined here — is that subsequently to the death of Lacy Irving there was born to Willie…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.) The ground of the caveat out of which springs the issue which this court has to determine does not show good ground for the refusal to admit the will to probate. Section 3923 of the Civil Code, declares that “ In all cases the marriage of the testator, or the birth of a child to him, subsequently to the making of a will in which no provision is made in contemplation of such an event, shall be *176a revocation of the will.” The word “child” as here used .in this section, where it is declared that the birth of a child subsequently to the making of a will in…
2Cases cited9 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Murchison v. GreenSupreme Court of Georgia · 1907
- Blossom v. . BarrettNew York Court of Appeals · 1868
- Martin's Heirs v. MartinSupreme Court of Alabama · 1853
- Glass v. GlassMassachusetts Supreme Judicial Court · 1874
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3Cited by20 opinions
- Merry Bros. Brick & Tile Co. v. HolmesCourt of Appeals of Georgia · 1938
- Campbell v. AllenSupreme Court of Georgia · 1951
- Christopher v. ChristopherSupreme Court of Georgia · 1944
- Gearllach v. OdomSupreme Court of Georgia · 1946
- Perkins v. LevySupreme Court of Georgia · 1924
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