Georgia Reports Volume 42

Georgia Reports Volume 42

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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. 1872 edition. Excerpt: ...If, after the will had been written, as dictated by the testatrix, and signed by her, and before the requisite number of witnesses could have subscribed the same, she had suddenly died, then the paper might have been propounded as a nuncupative will, notwithstanding she had signed the paper; for its legal execution would have been prevented by the act of God. But, inasmuch as the facts stated in the record, and admitted to be tr.ue (and there being no conflicting evidence) do not, in my judgment, shew that the testatrix, at the time she signed the paper propounded, was in the sense of the law, in extremis, so as to authorize the same to be established as her nuncupative will under the law applicable to that class of wills, I am of the opinion that the judgment of the Court below should be aflirmed, notwithstanding the Court charged the jury that if the testatrix in her lifetime made said writing and signed her name to the same, it was not a good nuncupative will; the verdict is right under the law applicable to the facts stated in the record; that is to say, the statement of facts admitted to be true, (there being no conflicting evidence) are not suflieient in law, to authorize the paper writing propounded to be established as the nuncupative will of the testatrix, although the charge of the Court on the point of signing the will may have been too restrictive, if the admitted facts would have authorized the jury to have found a different verdict, had the charge of the Court been otherwise upon that point in the case. Let the judgment of the Court below be aflirmed. The question in this case is, whether the will made by Miss Ellington, in Prussia, can be set up as a nuncupative will, under the laws of Georgia. The Court below held, more

Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236854144
  • 9781236854148