Hughes v. Meredith
Supreme Court of Georgia
Caveat to will, from Twiggs. Tried before Judge Powers, September Term, 1857. This was a caveat, tried on appeal from the Ordinary, to a paper propounded as the last will and testament of John W. Allen, deceased.
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Caveat to will, from Twiggs. Tried before Judge Powers, September Term, 1857. This was a caveat, tried on appeal from the Ordinary, to a paper propounded as the last will and testament of John W. Allen, deceased. The Ordinary pronounced in favor* of the paper propounded as the last will and testament of John W. Allen, deceased, and gave judgment admitting the same to probate and record, except the tenth, and fourteenth clauses, which he rejected, as coming within the provisions of the Act of 1818, concerning the manumission of slaves by will. From this judgment of the Ordinary caveators…
1Opinion of the CourtBenning, J.
By the Court. delivering the opinion.
Was the Court right in refusing to give the second, third, and fifth requests, in charge ?
As to the refusal to give the second, in charge.
The law requires, that in every case, the testator must know the contents of the will; but in ordinary cases, the law will take his bare signature, as proof, that he does know them.
This is not an ordinary case. In this case, the person who wrote the will and his kin, took a large part of the property willed away.
Now in such a case, what amount, or kind, of proof, does the law require, to show that the testator knew the…
2Cases cited1 opinion
- Beall v. MannSupreme Court of Georgia · 1848
3Cited by8 opinions
- Woolfolk v. StateSupreme Court of Georgia · 1890
- Seeley v. PriceMichigan Supreme Court · 1866
- In re Barney's WillSupreme Court of Vermont · 1898
- Woodson v. HolmesSupreme Court of Georgia · 1903
- Bodeker v. PurdySupreme Court of Georgia · 1953
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