TaiLexi AI U.S. Case Law

Henslee v. Stamps

Henslee v. Stamps, 72 S.E. 898 (Ga. 1911)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Georgia · State Highest Courts
Decided
November 15, 1911
Judges
Evans
Citations
72 S.E. 898137 Ga. 1141911 Ga. LEXIS 319
Summary
Appeal. Before Judge Edwards. Douglas superior court. September 21, 1910.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Evans

Text extracted by OCR from a scanned original; check the original for exact wording.

Evans, P. J.

No provision is made for the caveat of a will offered for probate in common form. The application of the plaintiff in error was in the nature of a caveat to a will already probated in common form; it was defective as a technical motion to set aside the judgment of probate, as no illegality in the judgment was alleged; and it is not good as an application for the executor to prove the will in solemn form, in that there was no prayer for the executor to probate the will in solemn form or for citation to the heirs of the testator. See, in this connection: Books v. Brown, 125 Ga. 122 ( 53 S. E. 583 ) ; Bullard v. Wynn, 134 Ga. 636 ( 68 S. E. 439 ) ; Civil Code (1910), § 3856 et seq.

Judgment affirmed.

All the'Justices'concur, except Beak, J., absent, and Bill, J., not presiding.

Appeal. Before Judge Edwards. Douglas superior court. September 21, 1910. J. S. James, for plaintiff in error. J. E. McLarty,-contra.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1922: 11931: 11938: 11939: 11994: 119222026peak 1922 · 1

Relies on it most ⓘ

  1. Freeman v. Mobley444 S.E.2d 155 (Ga. Ct. App. 1994)
  2. Johnson v. Ellis158 S.E. 39 (Ga. 1931)
  3. Abercrombie v. Hair196 S.E. 447 (Ga. 1938)
  4. Young v. Freeman113 S.E. 204 (Ga. 1922)
  5. Jones v. Dean3 S.E.2d 894 (Ga. 1939)

Most recent

  1. Freeman v. Mobley444 S.E.2d 155 (Ga. Ct. App. 1994)
  2. Jones v. Dean3 S.E.2d 894 (Ga. 1939)
  3. Abercrombie v. Hair196 S.E. 447 (Ga. 1938)
  4. Johnson v. Ellis158 S.E. 39 (Ga. 1931)
  5. Young v. Freeman113 S.E. 204 (Ga. 1922)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Hooks v. Brown, 53 S.E. 583 (Ga. 1906) 27
Bullard v. Wynn, 68 S.E. 439 (Ga. 1910) 14

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list