Mobley v. Lyon
Supreme Court of Georgia
Probate of will. Before Judge Brand. Walton superior court. Mrs. Lula T. Lyon and Mrs. Mary M. Austin filed a petition to the court of ordinary of Walton county to probate in solemn form a paper alleged to be the last will and testament of Mary L. Spencer, deceased. M. L. Mobley, as administrator upon the estate of Ií. L. Spencer, deceased, appeared in response to the citation issued by the ordinary and filed a caveat, in which it was alleged.
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Probate of will. Before Judge Brand. Walton superior court. Mrs. Lula T. Lyon and Mrs. Mary M. Austin filed a petition to the court of ordinary of Walton county to probate in solemn form a paper alleged to be the last will and testament of Mary L. Spencer, deceased. M. L. Mobley, as administrator upon the estate of Ií. L. Spencer, deceased, appeared in response to the citation issued by the ordinary and filed a caveat, in which it was alleged. "1. The instrument offered for probate is not the will of said Mary L. Spencer, and if it was signed by her it was not drawn by her, was not read over…
1Opinion of the CourtAtkinson, J.
1. Two of the grounds of the motion for new trial were as follows: "9th. The court, having correctly charged the jury as to the propounders’ contention, that the instrument purporting to be the last, will and testament of Mary L. Spencer is as a matter of fact her last will, and having correctly charged the contention of caveator that said instrument is not as a matter of fact her last will and testament, but on the contrary a forged paper and a forged will, proceeded to charge as follows: 'The propounders hold the affirmative, and the burden of proof is on them to prove that Mary L. Spencer…
2Cases cited8 opinions
- Slaughter v. HeathSupreme Court of Georgia · 1907
- Colvin v. WarfordCourt of Appeals of Maryland · 1863
- Deupree v. DeupreeSupreme Court of Georgia · 1872
- Battle v. StateSupreme Court of Georgia · 1885
- Kirk v. CarrSupreme Court of Pennsylvania · 1867
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3Cited by26 opinions
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- Middleton v. WatersSupreme Court of Georgia · 1949
- Atlantic Coast Line R. Co. v. ThomasCourt of Appeals of Georgia · 1951
- Cowart v. FenderSupreme Court of Georgia · 1912
- Georgia-Alabama Coca-Cola Bottling Co. v. WhiteCourt of Appeals of Georgia · 1937
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