Davis v. Blount

Supreme Court of Georgia

Davis v. Blount

73 S.E. 398, 137 Ga. 209, 1911 Ga. LEXIS 362

DecidedDecember 14, 1911

StatusPublished

This text of 73 S.E. 398 (Davis v. Blount) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. Blount, 73 S.E. 398, 137 Ga. 209, 1911 Ga. LEXIS 362 (Ga. 1911).

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Opinion

Atkinson, J.

1. The ruling announced in the first lieadnote does not require elaboration.

2. There was no evidence in this case sufficient to authorize a finding that the alleged testator contemplated the making of a nuncupative will. On the contrary, the evidence demanded á finding, that, while he had a testamentary inclination, there was no design that any words spoken by him should by themselves operate as a testamentary disposition of his property, but that it was his inten-" tion that the will that he desired to make should be a written will. Accordingly, without regard to the sufficiency of the evidence, in other respects, there was no error in granting a nonsuit. Civil Code, § 3349; Knox v. Richards, 110 Ga. 6 (35 S. E. 295).

Judgment affirmed.

All the Justices concur, except Hill, J., not presiding.

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Atkinson, J.

1. The ruling announced in the first lieadnote does not require elaboration.

2. There was no evidence in this case sufficient to authorize a finding that the alleged testator contemplated the making of a nuncupative will. On the contrary, the evidence demanded á finding, that, while he had a testamentary inclination, there was no design that any words spoken by him should by themselves operate as a testamentary disposition of his property, but that it was his inten-" tion that the will that he desired to make should be a written will. Accordingly, without regard to the sufficiency of the evidence, in other respects, there was no error in granting a nonsuit. Civil Code, § 3349; Knox v. Richards, 110 Ga. 6 (35 S. E. 295).

Judgment affirmed.

All the Justices concur, except Hill, J., not presiding.

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Bluebook (online)

73 S.E. 398, 137 Ga. 209, 1911 Ga. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-blount-ga-1911.

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