Smith v. Smith

Supreme Court of Georgia

Smith v. Smith

1 Ga. L. Rep. 255

DecidedJuly 1, 1885

StatusPublished

This text of 1 Ga. L. Rep. 255 (Smith v. Smith) 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

Smith v. Smith, 1 Ga. L. Rep. 255 (Ga. 1885).

Pincite

Opinion

Hall, J.—

1, 2, 3. The evidence was sufficient to warrant the verdict finding against the will propounded in this case.

4. There was sufficient evidence on which to base a charge in relation to the elements which go to make up undue influence, fraud, •duress, etc.

5. It does not appear from the charge that the court required the •mental capacity of the testatrix to be proved by such ajdegree of testimony as would authorize a conviction in a criminal case — that being the exception made to it. The entire charge was full, fair and clear.

Judgment affirmed.

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Hall, J.—

1, 2, 3. The evidence was sufficient to warrant the verdict finding against the will propounded in this case.

4. There was sufficient evidence on which to base a charge in relation to the elements which go to make up undue influence, fraud, •duress, etc.

5. It does not appear from the charge that the court required the •mental capacity of the testatrix to be proved by such ajdegree of testimony as would authorize a conviction in a criminal case — that being the exception made to it. The entire charge was full, fair and clear.

Judgment affirmed.

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Bluebook (online)

1 Ga. L. Rep. 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-ga-1885.