118 Ga. 93 | Ga. | 1903
Nuncupative wills are not favorites of the law, and in applications for probate of such wills it must appear that every requirement of the statute has been met. In re Yarnall’s Will, 4 Rawle, 46; Dorsey v. Sheppard, 3 Gill & J. 192. One of the requirements of the law of this State is that “ it be proved that the testator, at the time of pronouncing the same, did. bid the persons present, or some of them, bear witness that such was his will, or to that effect.” Civil Code, § 3349. This section of the code was taken almost literally from the 19th section of the statute of frauds, and the part quoted is in the exact language of that section of the statute. Prince’s Dig. 917. Simple statements by the person claimed to have made the nuncupative will, indicating a wish or desire as to the disposition of property after death, are not alone sufficient to authorize the setting up of a nuncupative will, nptwithstanding such statements may have been made in the presence of a sufficient number of competent witnesses. It must appear not only that the person made use of words which would amount to a testamentary disposition, but he must have intended to make a will, and must have indicated in some way to the persons present, or some of them, that he had such an intention and that he desired them to bear witness to the disposition he was about to make of his property. While it is not necessary that all of the persons present
Judgment affirmed. ’