Williamson v. Nabers
Supreme Court of Georgia
Caveat, in Jackson Superior Court. Tried before Judge Jackson, August Term, 1853. On the 18th October, 1849, John Williamson executed a will, by which he bequeathed the bulk of his estate to his wife Winney Williamson, during her life, and at her death to be divided among the six younger of his children; stating in his will, that he had already given to his older children, what he considered an equal share of his property, at the time they received it.
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Caveat, in Jackson Superior Court. Tried before Judge Jackson, August Term, 1853. On the 18th October, 1849, John Williamson executed a will, by which he bequeathed the bulk of his estate to his wife Winney Williamson, during her life, and at her death to be divided among the six younger of his children; stating in his will, that he had already given to his older children, what he considered an equal share of his property, at the time they received it. His wife was named sole executrix. On the 26th afterwards, the testator died, and Mrs. Williamson offered the will for probate. A caveat was…
1Opinion of the Court
By the Court.
Starnes, J.,
delivering the opinion.
[1.] It is alleged first, that the Court below erred in admitting, as evidence, the sayings of the testator, not connected with the making of the will, nor immediately preceding the same.
*308Parol evidence of testator’s intentions, offered for the purpose of explaining, altering or contradicting the will, is inadmissible. But such evidence of testator’s previous declarations, when offered, not to explain or alter the will, but simply to prove a long continued purpose, and thus to afford presumptive evidence of testamentary capacity in the last…
2Cases cited2 opinions
- Couch v. CouchSupreme Court of Alabama · 1845
- Harvey v. AndersonSupreme Court of Georgia · 1852
3Cited by17 opinions
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- Week v. Big Bunker Hill Mining Corp.Supreme Court of Georgia · 1941
- Purser v. McNairSupreme Court of Georgia · 1922
- Brown v. KendrickSupreme Court of Georgia · 1926
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