Georgia Reports Volume 33

Georgia Reports Volume 33

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt: ...the subscribing witnesses testifies to the delegation of the authority; the other two do not remember it. Two others present, however, testify to it positively, and all the evidence on this subject clearly establishes to our satisfaction both the fact of authority given, and that it was done in presence of the subscribing witnesses. The interval between the reading of the codicil, as written, to the testator, and the signing by the witnesses was very short; in that interval, according to the evidence, the authority was given. Each of the subscribing witnesses testifies to things occurring, both before and after that, and as neither is proven to have left the room during that short interval, the presumption is, that the authority was given in presence of them all, and that two of them have forgotten it. Since, however, in the view we take of this case, our judgment may be placed on other grounds, we decide nothing on this point. It would seem, however, that the evidence as to signing is adverse to the establishment of the codicil as offered for probate. After the formal execution and attestation of the codicil, a doubt seems to have arisen whether or not it expressed his wishes in two respects, and it was determined to question him further. The result was, that the codicil as executed expressed his wishes and intentions in neither of the two points, which were botl1 material. The intelligent and faithful scrivener deemed it necessary to reform the codicil. This was done by erasure accom. plishing one important change, and an interlineation effecting another still important and quite independent of the other. The instrument thus altered was again read and approved by the testator, and a memorandum of the alterations, reciting that they more

Product details

  • Paperback | 80 pages
  • 189 x 246 x 4mm | 159g
  • United States
  • English
  • black & white illustrations
  • 1236879538
  • 9781236879530