Kelley v. Welborn
Supreme Court of Georgia
Appeal. Before Judge Gober. Forsyth superior, court. February term, 1899. A proceeding was instituted in the court of ordinary to set .aside a judgment of that court admitting to record upon proof in common form the will of A. B. Welborn; the movants being his grandson Robert G. Welborn, and the widow and sole heir ■of the testator’s son-Harrison G. Welborn, and the ground of the proceeding being that, by the will, the testator had devised .more than a third of his estate to…
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Appeal. Before Judge Gober. Forsyth superior, court. February term, 1899. A proceeding was instituted in the court of ordinary to set .aside a judgment of that court admitting to record upon proof in common form the will of A. B. Welborn; the movants being his grandson Robert G. Welborn, and the widow and sole heir ■of the testator’s son-Harrison G. Welborn, and the ground of the proceeding being that, by the will, the testator had devised .more than a third of his estate to a religious institution, to the exclusion of the movants. On appeal the case was submitted to the judge of the superior…
1Opinion of the CourtCobb, J.
A. B. Welborn died testate in 1896, leaving a wife, a child, and a grandchild. His entire estate, which was worth about $2,000, was disposed of in the following items of his will: “ Item 3. I give, bequeath, and devise to my son Harrison G. Welborn, and my grandson Robert G. Welborn, five dollars each.” “Item 4. I give, bequeath, to my beloved wife, Louvenia E. Welborn, my entire real estate, consisting of the plantation on which I now live and containing lots of land [described] , free from all charge, to her own proper use and benefit and behoof during her natural life or widowhood, and at…
2Cases cited1 opinion
- Kine v. BeckerSupreme Court of Georgia · 1889
3Cited by8 opinions
- Trustees of the University of Georgia v. DenmarkSupreme Court of Georgia · 1914
- Clippinger v. BreartonCalifornia Court of Appeal · 1946
- Hood v. First National BankSupreme Court of Georgia · 1963
- Commissioner of Internal Revenue v. First Nat. BankCourt of Appeals for the Fifth Circuit · 1939
- Mississippi School for the Blind v. ArmstrongMississippi Supreme Court · 1953
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