LANE v. BEACHAMP

39740.

106 Ga. App. 769 (1962)

128 S.E.2d 372

LANE v. BEACHAMP.

Court of Appeals of Georgia.

Rehearing Denied October 17, 1962.


Attorney(s) appearing for the Case

Phillip Sheffield, for plaintiff in error.

Miller & Kirbo, Bruce W. Kirbo, contra.


Hall, Judge.

It is true that a will attested by less than the requisite number of witnesses is void and can derive no aid from probate. "The judgment of probate is not merely erroneous, but an absolute nullity on its face." Gay v. Sanders, 101 Ga. 601, 607 (28 SE 1019). Nevertheless, a party may be estopped under certain circumstances from asserting the invalidity of the will or the judgment of probate. Gay v. Sanders, supra, 607; Hightower v. Williams...

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