Truett v. Funderburk
Supreme Court of Georgia
Appeal. Before Judge Butt. Harris superior court. April term, 1893. Heirs at law of Elijah Brakefield cited Truett as his administrator to a settlement.
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Appeal. Before Judge Butt. Harris superior court. April term, 1893. Heirs at law of Elijah Brakefield cited Truett as his administrator to a settlement. Appeal to the superior court was taken, where the following was admitted: Elijah Brakefield died in October, 1887, leaving a yrife and a number of children or representatives of children, and a paper purporting to be his last will, whereby he devised nearly all his property to his wife and his two children by her, his other seven children being by a former wife. These seven filed a caveat to the probate of the proposed will, and the caveat…
1Opinion of the Court
Lumpkin, Justice.
1. Elijah Brakefield left a paper purporting to be his last will, by which he devised nearly all his property to his wife and her two children. He also left surviving him a number of children by a former wife. The widow, supposing this paper to be a genuine and valid last will, elected to take under it instead of claiming dower, and herself made a will devising to her children the property which, by the supposed will of her husband, had been devised to her. Mrs. Brakefield died within one year of the death of her husband, and her death occurred pending litigation over the…
2Cases cited4 opinions
- Brown v. CantrellSupreme Court of Georgia · 1879
- Beavors v. WinnSupreme Court of Georgia · 1850
- Wilson v. BellSupreme Court of Georgia · 1872
- Nosworthy v. BlizzardSupreme Court of Georgia · 1875
3Cited by11 opinions
- Benton v. TurkSupreme Court of Georgia · 1939
- Snipes v. ParkerSupreme Court of Georgia · 1896
- LaGrange Mills v. KenerSupreme Court of Georgia · 1904
- Farmers Banking Co. v. KeySupreme Court of Georgia · 1900
- Darnell v. WilliamsSupreme Court of Georgia · 1930
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