Davis v. Blount

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

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.