Davis v. Arrendale

Supreme Court of Georgia

Davis v. Arrendale

174 S.E.2d 410, 226 Ga. 284, 1970 Ga. LEXIS 509

Supreme Court of Georgia·Decided April 9, 1970·No. 25710·Published

Opinion

Almand, Chief Justice.

This appeal is from an order denying a motion for a new trial on the general grounds in a proceeding to probate a will in solemn form wherein a caveat was filed by the appellants on the ground that the testator did not have the necessary testamentary capacity to execute a will on the date the purported will was executed. On the trial of the case before the court and a jury there was a conflict in the evidence on the issue of mental capacity of the testator to execute a will and the evidence was sufficient to support a verdict in favor of the propounder. It was not error to overrule the caveator’s motion for a new trial on the general grounds.

Judgment affirmed.

All the Justices concur.

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Almand, Chief Justice.

This appeal is from an order denying a motion for a new trial on the general grounds in a proceeding to probate a will in solemn form wherein a caveat was filed by the appellants on the ground that the testator did not have the necessary testamentary capacity to execute a will on the date the purported will was executed. On the trial of the case before the court and a jury there was a conflict in the evidence on the issue of mental capacity of the testator to execute a will and the evidence was sufficient to support a verdict in favor of the propounder. It was not error to overrule the caveator’s motion for a new trial on the general grounds.

Judgment affirmed.

All the Justices concur.

Davis v. Arrendale, 174 S.E.2d 410, 226 Ga. 284, 1970 Ga. LEXIS 509 (Ga. 1970).

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