Porch v. Farmer
Supreme Court of Georgia
Appeal from probate of will. Before Judge Roop. Coweta superior court. June 4,1923. T. Q. Farmer Jr. filed a petition in the court ofn ordinary, to probate an alleged will. The case was appealed by consent to the superior court.
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Appeal from probate of will. Before Judge Roop. Coweta superior court. June 4,1923. T. Q. Farmer Jr. filed a petition in the court ofn ordinary, to probate an alleged will. The case was appealed by consent to the superior court. It was alleged, that in February, 1920, Mrs. Celia R. Seay, of Coweta County, died after having made and published her last will and testament, in which she named petitioner as executor; that certain named persons were heirs at law of the deceased, including her brother, J. R. Porch; that all the heirs at law were sui juris; that “said will, which is produced in…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) The controlling question under the evidence in the case is whether the paper offered by the executor as propounder of the purported will of Mrs. Celia R. Seay was so mutilated by her before her death as to amount to a revocation of the will, or whether it was done by some one else, and whether the will as originally executed should be set up and established as the will of the testatrix. The general rule is that the burden of proof is upon the person attacking a paper offered for probate as a will to sustain the grounds of his caveat. But our Civil Code…
2Cases cited5 opinions
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- Graham v. BurchSupreme Court of Minnesota · 1891
- Hartz v. SobelSupreme Court of Georgia · 1911
- Succession of MühSupreme Court of Louisiana · 1883
3Cited by9 opinions
- Carter v. First United Methodist ChurchSupreme Court of Georgia · 1980
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- Derr v. DerrSupreme Court of Kansas · 1927
- In Re Estate of CablerSupreme Court of Oklahoma · 1927
- Singleton v. ShewmakeSupreme Court of Georgia · 1937
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