BORENSTEIN v. BLUMENFELD

38933.

250 Ga. 606 (1983)

299 S.E.2d 727

BORENSTEIN v. BLUMENFELD.

Supreme Court of Georgia.

Rehearing Denied March 1, 1983.


Attorney(s) appearing for the Case

Meals & Parks, Robert N. Meals, Jr., Moulton, Carriere, Cavan & Maloof, E. T. Hendon, Jr., for appellant.

Barry L. Katz, Pierre Howard, Jr., for appellee.


WELTNER, Justice.

Regina Borenstein was named executrix under the will of her brother, Simon Silbermintz, who died in 1977. Their sister, Fela Blumenfeld, filed a caveat to the will, alleging lack of testamentary capacity and undue influence. The probate court did not admit the will to probate, on the ground of lack of testamentary capacity. From that decision an appeal de novo was taken to the superior court.

On the day set for trial the caveatrix...

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