Davis v. Blount
Supreme Court of Georgia
Probate of will. Before Judge Conyers. Appling superior court. September 20, 1910. In the superior court a suit for the probate of the alleged nuncupative will of John A. Blount was tried on appeal from the court of ordinary. Blount had a brother who was his sole heir at law, but was not on good terms with him. For more than a year prior to his death, L. W. Davis and his wife had lived in Blount’s house and cared for him.
Read the full summary
Probate of will. Before Judge Conyers. Appling superior court. September 20, 1910. In the superior court a suit for the probate of the alleged nuncupative will of John A. Blount was tried on appeal from the court of ordinary. Blount had a brother who was his sole heir at law, but was not on good terms with him. For more than a year prior to his death, L. W. Davis and his wife had lived in Blount’s house and cared for him. Blount desired to bequeath all of his property to L. W. Davis, and was anxious that his will be so prepared as that it could not be set aside. He had inquired whether a…
1Opinion of the CourtAtkinson, J.
1. The ruling announced in the first lieadnote does not require elaboration.
2. There was no evidence in this case sufficient to authorize a finding that the alleged testator contemplated the making of a nuncupative will. On the contrary, the evidence demanded á finding, that, while he had a testamentary inclination, there was no design that any words spoken by him should by themselves operate as a testamentary disposition of his property, but that it was his inten-" tion that the will that he desired to make should be a written will. Accordingly, without regard to the sufficiency of the…
2Cases cited1 opinion
- Knox v. RichardsSupreme Court of Georgia · 1900