Syllabus by the Court.
The
court did not err in directing a verdict for the propounder.
"In
all cases, a knowledge of the contents of the paper by the
testator is necessary to its validity; but usually, where a
testator can read and write, his signature, or the
acknowledgment of his signature, is sufficient. If, however
the scrivener or his immediate relations are large
beneficiaries under the will, greater proof will be necessary
to show a knowledge of the contents by the testator."
Civil Code (1910), § 3850. Under the evidence, a finding that
the testatrix had knowledge of the contents of the will was
demanded.
Movants
complain that the court erred in refusing to rule out the
testimony of E. B. Dunlap, that he knew that the testatrix
"intended item 17 of the alleged will to mean Sarah
Elizabeth Cook, deceased, a former sister of Mrs. Hunt, and
that said item 17 should be and was intended to be 'my
beloved sister Sarah Elizabeth Cook and her children and
grandchildren,' instead of 'my beloved niece Sarah
Elizabeth Cook and her children and grandchildren."'
This contention is without merit. The present inquiry is
whether the will is valid as against the caveat on the
grounds of mental incapacity or undue influence. If material
on this question, the evidence was not cause for a new trial.
The question of whether, as to the particular legacy in item
17, the testatrix died intestate, is not involved.
The
remaining grounds of the motion, 8 and 9, do not show error
and do not require special statement.
Error
from Superior Court, Hall County; I. H. Sutton, Judge.
Caveat
to the propounding of a will of Mrs. Aurora Strong Hunt
deceased, by George Cook and others against J. H. Washington.
Judgment for proponent and caveators bring error. Affirmed.
This
case is made by a caveat to the propounding of the will of
Mrs. Aurora Strong Hunt, who died a resident of Hall county
Ga., on April 12, 1927. She left the following will:
"Georgia, Hall County. I, Aurora Strong Hunt, of said
state and county, being of sound and disposing mind and
memory, do make this my last will and testament, hereby
revoking all others that I have heretofore made.
Item 1. It is my will that my body be buried in a decent and
d Christian-like manner, by the side of my late beloved
husband, James H. Hunt, in the Alta Vista Cemetery of
Gainesville; Georgia, upon the lot that I have heretofore
provided.
Item 2. It is my will and desire that all
my just debts be paid as soon as practicable after my death.
Item 3. I will, bequeath, and devise to J. H. Pitchford that
house and lot located and situate on the corner of Gower and
Simmons streets within the corporate limits of Gainesville
with all rights, members, and appurtenances to the said lot
and of land belonging.
Item 4. I will, bequeath, and devise to Roma Savage a certain
tract or parcel of land containing one hundred (100) acres,
more or less, in Hall county, Georgia, and being a part of
the Glades property and being the same one hundred acres
selected by Roma Savage for purchase from me, with all
rights, members, and appurtenances to the said lot of land
belonging.
Item 5. I will, devise, and bequeath to the Trustees of the
University of Georgia, all the remaining lands of the Glades
property owned by me, with the exception of the one hundred
acres given Roma Savage in item four of this will, containing
approximately fifty-five hundred (5,500) acres, and located
in Hall county, Georgia, near Brookton Station, to be used by
them as a memorial to my beloved husband, James H. Hunt. It
is my wish that an industrial School be located thereon for
the education of the mountain boys of north Georgia, if the
Trustees of the University of Georgia see fit and proper; but
if not, then I desire that the proceeds from the sale of the
lands be used as a loan fund for worthy north Georgia boys,
and known as the 'James H. Hunt Loan Fund,' and to be
administered by the trustees aforesaid.
Item 6. I have heretofore by deed given to the Trustees of
Brenau College-Conservatory at Gainesville, Georgia, sixty
(60) per cent. of the properties located at 10th street on
Peachtree street in Atlanta, Georgia, and described in deed
to them. Now, I will, devise, and bequeath to the Trustees of
Brenau College-Conservatory the remaining interest of forty
(40) per cent. of the said properties, to be used by them as
a fund for the education of north Georgia girls, the fund to
he known as the 'Aurora Strong Hunt Loan Fund,' and
to be administered by them, the Trustees of Brenau College
Conservatory.
Item 7. I give, devise, and bequeath to Henry Washington, who
has been my faithful advisor, and in consideration of his
advice and services, the sum of fifteen thousand dollars.
Item 8. I give, devise, and bequeath to Edgar B. Dunlap, my
counsel, and in consideration of his services, the sum of
five thousand dollars.
Item 9. I direct that my executor hereinafter named give in
my name and for me all my personal articles, such as jewelry,
clothes, and furniture to those friends of mine as I have
heretofore directed him.
Item 10. I will and bequeath to the Baptist Orphans' Home
located at Hapeville, Georgia, the sum of one thousand
dollars.
Item 11. I will and bequeath to the Deacons of the First
Baptist Church, Gainesville, Georgia, the sum of one thousand
dollars.
Item 13. I will and bequeath to the sons of my counsel,
namely James Anderson Dunlap and Edgar B. Dunlap, Jr., the
sum of five thousand dollars each, for the primary purpose of
their education. In the event of their death before they have
had the opportunity to use the said sums, I will and direct
that the said sums go to their heirs. I name Edgar B. Dunlap,
their father, as the trustee of this money, and direct that
he invest it for them and their use.
Item 14. I will and bequeath to my niece, Aurora McGehee, and
to each of her two children the sum of twenty-five hundred
dollars each.
Item 15. I will and bequeath to my niece, Mary Simpson, and
to each of her four children the sum of twenty-five hundred
dollars.
Item 16. I will and bequeath to my nephew, I. Isham Strong,
the sum of twenty-five hundred dollars.
Item 17. I will and bequeath to my niece, Sarah Elizabeth
Cook, and to each of her children and to each of her
grandchildren the sum of twenty-five hundred dollars each.
Item 18. I desire and direct that my executor hereinafter
named set aside and provide sufficient sums for scholarships
for the following named children at the designated
institutions of learning. It is my wish that these children
have the benefit of a college education, and I do so here
direct my executor.
Melba Hale Scholarship at Brenau College Conservatory
Jas. Hunt Bowen Scholarship at University of Georgia
Jimmie Savage Scholarship at Brenau College Conservatory
Oglesby Savage Scholarship at University of Georgia
Jas. H. Hunt Scholarship at University of Georgia
Aurora Hunt Scholarship at Brenau College Conservatory
The last two named being children of Tom Hunt, a nephew of my
beloved husband, James H. Hunt.
Item 19. I will and bequeath to Ella Sosby, my former maid,
the sum of one hundred dollars.
Item 20. I will and bequeath to Sidney O. Smith the sum of
one thousand dollars.
Item 21. I will and devise and bequeath the sum of five
hundred dollars to Miss Ethel Bowers and my doctor, Dr. J. B.
Rudolph.
Item 22. All the balance and residue of my estate, both real
and personal, of every sort soever, not hereinbefore
specially bequeathed and devised, to he sold by my executor
and divided into five parts and to be distributed by my
executor as follows:
(a) A life's interest in two-fifths (2/5) of the residue
of my estate to Miss Hulda Hunt, my sister-in-law. It is my
direction that the income on this part of my estate be given
to Miss Hulda Hunt for her livelihood and during her life,
and upon her death I desire and direct that the principal
amount go to the Trustees of Brenau College for the expressed
purpose of providing a suitable building for the Domestic
Science Department and to be known as the 'Aurora Strong
Hunt
Hall.' It is my will that my executor invest this
two-fifths part of the residue of my estate in nonspeculative
bonds, the income of which to go to Miss Hulda Hunt as
aforesaid, and at her death the bonds to be delivered to the
Trustees of Brenau College Conservatory as aforesaid.
(b) One part of the residue of my estate to go to my sister,
Tabitha J. Shannon, and the heirs of her body.
(c) The balance or two-fifths of the residue of my estate I
will and bequeath and devise to the Trustees of the
University of Georgia, to be used by them as a loan fund for
worthy North Georgia boys and known as the 'James H. Hunt
Loan Fund,' and to be administered by the Trustees of the
University aforesaid.
Item 23. I will and direct that in the event any one of the
heirs under this my last will and testament contest this will
or attempt to defeat my purposes as herein expressed, then
and in that event the devise or legacy contained herein to
that person so contesting this will is rescinded and revoked,
and his or her share is to revert to my estate, and my
executor is directed to deliver to that contesting person the
sum of one dollar in full payment of any claim whatsoever
against my estate.
Item 24. I hereby constitute and appoint my friend, J. Henry
Washington, the sole executor of this my last will and
testament; and I expressly confer upon him, as such, to
administer my estate, excusing him from giving any bond, or
making any returns to the ordinary; and I expressly confer
upon him the full authority and power to sell any part of my
estate, not hereinbefore specially devised, at public or
private
...
