Brooks v. Duffell

23 Ga. 441

Opinion

By the Court. —

Benning, J.

delivering the opinion.

We do not see how to distinguish this case from Robinson & Wood, vs. King and others, 6 Ga., 539. In both cases the witnesses, when they subscribed the will, were where they could not be seen by the testator, a wall intervening in that case, a door-shutter in this.

We think, therefore, that the charge of the Court was wrong, and consequently, that there ought to be a new trial.

It is unnecessary to consider the other grounds of the motion for a new trial, they depend upon the evidence.

Judgment reversed.