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WARD v. MOON

46653.

259 Ga. 293 (1989)

380 S.E.2d 263

WARD v. MOON et al.

Supreme Court of Georgia.

Decided June 22, 1989.

Attorney(s) appearing for the Case

Barnes, Browning, Tanksley & Casurella, Roy E. Barnes, for appellant.

Edwards, Friedwald & Grayson, Robert J. Grayson, for appellees.

HUNT, Justice.

This appeal presents the question whether OCGA § 53-2-45 (a) bars a witness to a will, who is also a beneficiary under the will, from receiving his devise where there are at least two competent non-beneficiary witnesses to the will. Claude Moon's will was witnessed by four persons, two of whom were also beneficiaries under the will. The two non-beneficiary witnesses swore to the execution of the will. The probate

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