general statement rule (Georgia) · Go Syfert
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general statement rule in Georgia

8 Georgia opinions name it 2 courts 1916–2024 2 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Lavender v. Wilkinsgreen
ga · 1976 · cited in 2 Georgia opinions naming this issue, 2008–2011
2 sentences

2011As set forth in Lavender v. Wilkins, 237 Ga. 510, 512 (1) ( 228 SE2d 888 ) (1976): The question of who has standing to caveat a will has been determined on a case by case basis, the general statement of the rule being that a will may be contested by any person interested in the estate of the deceased, but cannot be contested by strangers. [Cits.] . . . [A] person who will be injured by probate of a will, or who will benefit by its not being probated, has an interest in the proceeding so as to provide the necessary standing to caveat.

2011As set forth in Lavender v. Wilkins, 237 Ga. 510, 512 (1) ( 228 SE2d 888 ) (1976): The question of who has standing to caveat a will has been determined on a case by case basis, the general statement of the rule being that a will may be contested by any person interested in the estate of the deceased, but cannot be contested by strangers. [Cits.] . . . [A] person who will be injured by probate of a will, or who will benefit by its not being probated, has an interest in the proceeding so as to provide the necessary standing to caveat.

22
Central Railroad & Banking Co. v. Densongreen
ga · 1890 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023The duty not to willfully or recklessly injure another may be said to be due from all men to all men.”); Central R. & Banking Co. v. Denson, 84 Ga. 774, 777 (11 SE 1039) (1890) (“[C]ontributory negligence cannot be relied upon in . . . . any case where the action of the defendant is wanton, willful, or reckless, in the premises, and injury ensues as the result.” (citation and punctuation omitted)).

2023The duty not to willfully or recklessly injure another may be said to be due from all men to all men.”); Central R. & Banking Co. v. Denson, 84 Ga. 774, 777 (11 SE 1039) (1890) (“[C]ontributory negligence cannot be relied upon in . . . . any case where the action of the defendant is wanton, willful, or reckless, in the premises, and injury ensues as the result.” (citation and punctuation omitted)).

11
Melican v. Parkergreen
ga · 2008 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017The question of who has standing to caveat a will has been determined on a case by case basis, the general statement of the rule being that a will may be contested by any person interested in the estate of the deceased, but cannot be contested by strangers. [Cits.] (Citation and punctuation omitted.) Medican v. Parker, 283 Ga. 253, 254 (1) ( 657 SE2d 234 ) (2008) (holding a testamentary trustee under an earlier will has standing to oppose what purports to be a later will).

2017The question of who has standing to caveat a will has been determined on a case by case basis, the general statement of the rule being that a will may be contested by any person interested in the estate of the deceased, but cannot be contested by strangers. [Cits.] (Citation and punctuation omitted.) Medican v. Parker, 283 Ga. 253, 254 (1) ( 657 SE2d 234 ) (2008) (holding a testamentary trustee under an earlier will has standing to oppose what purports to be a later will).

11
Norman v. Gobergreen
ga · 2011 · cited in 1 Georgia opinions naming this issue, 2013–2013
2 sentences

2013Norman v. Gober, 288 Ga. 754, 755 ( 707 SE2d 98 ) (2011) (Emphasis omitted.) The March 13, 2007 warranty deed grants real property to Branden, Burton, and Hughes as joint tenants with the right of survivorship, reserving for Testator a life estate.

2013Norman v. Gober, 288 Ga. 754, 755 ( 707 SE2d 98 ) (2011) (Emphasis omitted.) The March 13, 2007 warranty deed grants real property to Branden, Burton, and Hughes as joint tenants with the right of survivorship, reserving for Testator a life estate.

11
Jones v. Stategreen
ga · 1906 · cited in 1 Georgia opinions naming this issue, 1976–1976
1 sentence

1976See Hooks v. Brown, 125 Ga. 122, 129 ( 53 SE 583 ) (1906); 1 Redfearn, Wills and Administration in Georgia (3d Ed.) § 125.

11
Hooks v. Browngreen
ga · 1906 · cited in 1 Georgia opinions naming this issue, 1976–1976
1 sentence

1976See Hooks v. Brown, 125 Ga. 122, 129 ( 53 SE 583 ) (1906); 1 Redfearn, Wills and Administration in Georgia (3d Ed.) § 125.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Principal Lien Servs., LLC v. NAH Corp. green
gactapp · 2018
1 sentence

2024Principal Lien Svcs., LLC v. Nah Corp., 346 Ga. App. 277, 281 (1) ( 814 SE2d 4 ) (2018) (citations and punctuation omitted). 5 The question of who has standing to caveat a will has been determined on a case by case basis, the general statement of the rule being that a will may be contested by any person interested in the estate of the deceased, but cannot be contested by strangers.

12024–2024
Whitney v. Butler green
scotus · 1886
1 sentence

1916We are, therefore, constrained to hold that the decree below, in charging Com-stock with liability as the owner of 150 shares, was not erroneous.” A general statement of the principle covering such cases is found in the syllabi to that case and is in the following language: “A stockholder in a national bank continues liable for the debts of the company, under the statutes of the Hnited States, until his stock is actually transferred upon the books of the bank, or until the certificate has been delivered to the bank, with a power of attorney authorizing the transfer, and a request, made at the

11916–1916

Where else courts name it

IL 14 (1894–1996) TN 12 (1956–2009) AL 12 (1916–2013) TX 11 (1912–2022) CA 11 (1926–2020) IA 10 (1910–2014) GA 8 (1916–2024) LA 7 (1916–1971) MO 7 (1923–1984) IN 7 (1896–2024) NY 6 (1872–1962) KS 5 (1909–1946) SC 4 (1908–1993) WV 4 (1929–2004) NE 4 (1957–2023) UT 4 (1900–2024) VT 4 (1889–1994) NC 3 (1917–1955) MS 3 (1969–2007) PA 3 (1928–1983) MA 2 (1918–1942) OK 2 (1921–1938) NH 2 (1978–1985) MI 2 (1916–1919) OR 2 (1931–1977) FL 2 (1964–1966) AZ 2 (1958–1983) KY 2 (1917–1964) VA 2 (1909–1910)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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