Hicks v. Rushin
Supreme Court of Georgia
1Opinion of the Court
Felton, Justice.
The court did not err in ruling that the codicil concerning the testatrix’s home and the proceeds therefrom republished the original will changing item 5 of the original typewritten will as shown in the said original will plus the change plus the codicil in the facts stated above. Code Ann. § 113-409; Burge v. Hamilton, 72 Ga. 568 (3).
Where alterations in a will occur, the law presumes, in the absence of evidence to the contrary, that the alterations were made after the execution of the will. 68 CJ 986; Schouler on Wills, Executors and Administrators (5th Ed.), §435. As to the…
2Cases cited5 opinions
- Burge v. HamiltonSupreme Court of Georgia · 1884
- Collins v. BoringSupreme Court of Georgia · 1895
- DeVaughn v. HaysSupreme Court of Georgia · 1913
- Houston v. CoramSupreme Court of Georgia · 1959
- Gilmer v. HarrisonSupreme Court of Georgia · 1917
3Cited by5 opinions
- Sinclair v. SinclairSupreme Court of Georgia · 2008
- In Re the Estate of Shunji Kay IkutaHawaii Supreme Court · 1981
- In RE ESTATE OF Louise Ray BURKHALTER.Court of Appeals of Georgia · 2017
- In Re Estate of Robert A. JohnsonCourt of Appeals of Georgia · 2019
- In Re the Estate of Shunji Kay IkutaHawaii Supreme Court · 1981