WATERS v. ARRENDALE

24272.

223 Ga. 617 (1967)

157 S.E.2d 289

WATERS et al. v. ARRENDALE.

Supreme Court of Georgia.

Decided September 21, 1967.


Attorney(s) appearing for the Case

Kimzey & Kimzey, Herbert B. Kimzey, for appellants.

Ellard & Frankum, Stephen D. Frankum, Glenn A. Ellard, for appellee.


DUCKWORTH, Chief Justice.

The propounder of this will carried the burden of proving a prima facie case by presenting the subscribing competent witnesses who testified that the testator signed it in their presence, after it had been read, and that he possessed the mentality to know what he was doing. Code Ann. § 113-301. This evidence was not materially contradicted and the judgment ordering probate was demanded by the evidence. The mere fact that the deceased...

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