LEVENTHAL v. BAUMGARTNER

17239.

207 Ga. 412 (1950)

61 S.E.2d 810

LEVENTHAL v. BAUMGARTNER et al.

Supreme Court of Georgia.

Rehearing Denied November 15, 1950.


Attorney(s) appearing for the Case

Reese, Bennet & Gilbert, for plaintiff.

Gowen, Conyers & Dickey, for defendant.


WYATT, J.

The motion for new trial in this case is restricted to the general grounds. There was no evidence of undue influence. The sole question for our consideration is whether or not, under the evidence, the mental incapacity of Howard E. Ehrlicher to execute a will at the time the will was executed was established.

The propounder made out a prima facie case by the testimony of the three subscribing witnesses to the will, to the effect that the will was...

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