Legal Opinion

Webb v. Fleming

Supreme Court of Georgia

Decided June 15, 1860PublishedCited by 17 opinions

Caveat to Will, in Early Superior Court. Tried before Judge Allen, at April Term, 1860. Ewell Webb filed his caveat to the will of Mark Sanders, on the following grounds : 1. Because said testator did not sign said paper in the presence of all said witnesses, nor either of them. 2d. Because he did not sign said paper purporting to be a will. 3d. Because the witnesses did not sign said paper in presence of each other. 4th.

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Caveat to Will, in Early Superior Court. Tried before Judge Allen, at April Term, 1860. Ewell Webb filed his caveat to the will of Mark Sanders, on the following grounds : 1. Because said testator did not sign said paper in the presence of all said witnesses, nor either of them. 2d. Because he did not sign said paper purporting to be a will. 3d. Because the witnesses did not sign said paper in presence of each other. 4th. Because said will attempted to manumit or give freedom to a slave, and is therefore void. 5th. Because said will was not the free and voluntary act of said Mark Sanders.…

1Opinion of the Court

By the Court

Stephens, J.,

delivering the opinion.

1. To determine whether or not this verdict is supported by the evidence, the evidence must be applied to the different issues presented by the different grounds of caveat. The first ground is, that the testator did not sign the will in the presence of the witnesses. The evidence is, that he did sign it in the presence of the witness, Martin, and that, by his *812conduct, he clearly acknowledged his signature in the presence of each of the other two. And that was sufficient.

2. The second ground, that he did not sign the will, is covered by what has…

2Cited by17 opinions

  1. Whitfield v. PittsSupreme Court of Georgia · 1949
  2. Thornton v. HulmeSupreme Court of Georgia · 1962
  3. In Re Estate of EmartCalifornia Supreme Court · 1917
  4. Cornelius v. CrosbySupreme Court of Georgia · 1979
  5. Glenn v. MannSupreme Court of Georgia · 1975

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