Cobb v. Battle
Supreme Court of Georgia
Caveat to Will. Motion by Oaveators for New Trial. Decided by Judge A. Reese. April Adjourned Term, Warren Superior Court, 1866. Pierce Bailey made his will in September, 1861, and died in September, 1868. The will was proved in common form in October 1863, and being afterwards offered for probate in solemn form was caveated by plaintiffs in error, on tbe ground that it was in conflict with tbe anti-manumission laws of Georgia, and therefore void.
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Caveat to Will. Motion by Oaveators for New Trial. Decided by Judge A. Reese. April Adjourned Term, Warren Superior Court, 1866. Pierce Bailey made his will in September, 1861, and died in September, 1868. The will was proved in common form in October 1863, and being afterwards offered for probate in solemn form was caveated by plaintiffs in error, on tbe ground that it was in conflict with tbe anti-manumission laws of Georgia, and therefore void. Tbe will being sustained by tbe Ordinary in January, 1863, tbe caveators appealed to the Superior Court. On the trial propounder offered in…
1Opinion of the Court
Habéis, J.
Had not the Legislature invested this Court with ample power to mould the judgments of the Superior Courts, when brought here for review, as in its discretion should be consistent with law and justice, this case would have been sent back for a new trial, as we can not concur in the verdict, that Pierce Bailey died testate as to all of his property; nor can we acquiesce in some of the rulings of the presiding Judge.
[1.] A moment’s reflection will show that our difference in opinion springs from the question of the admissibility of the sayings of the testator, (Bailey) to affect or…
2Cited by10 opinions
- Burge v. HamiltonSupreme Court of Georgia · 1884
- Saliba v. SalibaSupreme Court of Georgia · 1947
- Rea v. PursleySupreme Court of Georgia · 1930
- Davis v. Metropolitan Life InsuranceCourt of Appeals of Georgia · 1934
- Ellis v. O'NealSupreme Court of Georgia · 1932
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