LEWIS v. TANNER

40638.

252 Ga. 252 (1984)

312 S.E.2d 798

LEWIS et al. v. TANNER et al.

Supreme Court of Georgia.

Decided March 7, 1984.


Attorney(s) appearing for the Case

Jones, Solomon & Boatright, Jimmy J. Boatright, for appellants.

Benjamin Smith, Jr., for appellees.


MARSHALL, Presiding Justice.

This is a suit for specific performance of an alleged oral contract to make a will. This suit was instituted after the denial of a caveat to probate of a will executed in violation of the alleged contract. In this appeal, complaint is made concerning the trial judge's charging the jury on the doctrine of res judicata. We agree that the charge was inapplicable and misleading. We therefore reverse. These are the facts:

Thursey Jordan...

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