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DANIEL v. DANIEL

34022.

242 Ga. 479 (1978)

249 S.E.2d 263

DANIEL v. DANIEL.

Supreme Court of Georgia.

Decided October 31, 1978.

Attorney(s) appearing for the Case

Surrett, Thompson, Bell, Choate & Walker, J. Samuel Choate, Jr., for appellant.

Burnside & Wall, Thomas R. Burnside, Jr., James B. Wall, Jones, Black & Campbell, R. S. Martin, for appellee.

HALL, Justice.

Asa Daniel, Jr., filed a petition in probate court to set aside the probate in solemn form of his father's will. The petition alleged that Daniel's acknowledgment of service and consent to probate of the will in solemn form instanter were obtained through fraud and misrepresentation. The probate court dismissed the petition, and the superior court affirmed. We disagree and reverse.

1. The probate court has jurisdiction to vacate its judgment...

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