13 Ga. 63 (Ga. 1853), 10, Batton v. Watson

Docket Nº:10.
Citation:13 Ga. 63
Opinion Judge:WARNER, J.
Party Name:BRYANT BATTON and others, plaintiffs in error, v. JACOB WATSON, defendant in error.
Attorney:WARREN & FRANKS and KILLEN, for plaintiffs in error. S. T. BAILEY & R. P. HALL, for defendants.
Court:Supreme Court of Georgia
 
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Page 63

13 Ga. 63 (Ga. 1853)

BRYANT BATTON and others, plaintiffs in error,

v.

JACOB WATSON, defendant in error.

No. 10.

Supreme Court of Georgia.

February, 1853

[1.] Where P was charged as being the principal actor in procuring the destruction of a will: Held, that the party attempting to set it up, was not obliged to rely upon his testimony, but might prove his declarations as part of the res gestæ , so far as the same constitute a part of the principal transaction, illustrate its character, and are cotemporaneous with it.

[2.] Where a testator during his last illness is unduly induced by fear, favor or affection, or any other cause, unduly exercised in such manner as to take away his free voluntary mind and capacity, to destroy his last will and testament, duly executed by him-a copy of the same, upon due proof thereof, will be established.

Application for letters of administration, in Houston Superior Court. Tried before Judge POWERS. October Term, 1852.

The issue in this case arose on an application to the Court of Ordinary of Houston County, by Bryant Batton and Sarah H. Coalson, for letters of administration on the estate of Andrew J. Coalson. The application was resisted by Jacob Watson, on the ground that Coalson shortly before his death, made a will, a copy of which he proposed to prove and set up. alleging that Coalson, a short time before his death, and while he was sick, was forced and compelled by the threats of one Charles F. Patillo, his father-in-law, to destroy the original will.

On the trial, Joseph Tooke, who was left executor in the will, but who had previously renounced the executorship, was introduced as a witness, by the propounder of the will. Tooke swore, that, on the 24th of June, 1852, he was called on by Coalson, to make a will, which he wrote as Coalson dictated it, and which he read three or four times to Coalson. Witness then transcribed the will, adding one more clause, by the direction of Coalson, and which had been added to the draft in Court. The copy exhibited, was made from the original. On the 25th of June, on his return from his mill, the next day, witness found a note from Capers Patillo, requesting him to come to Coalson's, and bring the will with him, and while at supper a negro came and made the same request. Witness went to Coalson's house, and carried the will, which had been given him by Coalson. He found Dr. Patillo...

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