FLEMING v. CONSTANTINE

S95A0303.

265 Ga. 525 (1995)

FLEMING et al. v. CONSTANTINE.

Supreme Court of Georgia.

Reconsideration Denied June 30, 1995.


Attorney(s) appearing for the Case

Hunter, Maclean, Exley & Dunn, Harold B. Yellin, Darrin L. McCullough, for appellants.

Chamlee, Dubus & Sipple, George H. Chamlee, Clark & Clark, H. Sol Clark, Fred S. Clark, for appellee.


SEARS, Justice.

Josephine Murray died testate in August 1993. Norma Fleming, the testator's niece, and Irma Hutchinson, the testator's sister, contested the probate of the will, contending that Murray lacked testamentary capacity. The trial court granted summary judgment to the will's propounder, Katherine Constantine. We conclude that the caveators presented enough evidence of the testator's unstable mental condition both before and after the will's execution to...

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