Legal Opinion

Wood v. Achey

Supreme Court of Georgia

Decided January 18, 1918No. 441PublishedCited by 15 opinions

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

  1. Kitchens v. KitchensSupreme Court of Georgia · 1869
  2. Mosely v. CarrSupreme Court of Georgia · 1883
  3. Harris v. CampSupreme Court of Georgia · 1912

3Cited by15 opinions

  1. Saliba v. SalibaSupreme Court of Georgia · 1947
  2. Saliba v. SalibaSupreme Court of Georgia · 1946
  3. Fletcher v. GillespieSupreme Court of Georgia · 1946
  4. Lyons v. BloodworthSupreme Court of Georgia · 1945
  5. Driver v. SheffieldSupreme Court of Georgia · 1955

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