Wood v. Achey
Supreme Court of Georgia
Appeal from probate of will. Before Judge Tarver. Murray superior court. May 26, 1917.
1Opinion of the CourtAtkinson, J.
1. If a will be lost or destroyed before or subsequently to the death or without the consent of the testator, a copy of the same may be admitted to probate and record in lieu of the original. Civil Code, § 3863; Harris v. Camp, 138 Ga. 752 (3) (76 S. E. 40). In a proceeding under this law, it is material whether the original was lost subsequently to the death or destroyed without the consent of the testator during his life; and a petition to establish and probate a copy of an alleged original under the provisions of the code section cited, which does not allege whether the will was lost after…
2Cases cited3 opinions
- Kitchens v. KitchensSupreme Court of Georgia · 1869
- Mosely v. CarrSupreme Court of Georgia · 1883
- Harris v. CampSupreme Court of Georgia · 1912
3Cited by15 opinions
- Saliba v. SalibaSupreme Court of Georgia · 1947
- Saliba v. SalibaSupreme Court of Georgia · 1946
- Fletcher v. GillespieSupreme Court of Georgia · 1946
- Lyons v. BloodworthSupreme Court of Georgia · 1945
- Driver v. SheffieldSupreme Court of Georgia · 1955
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