DYER v. SOUTHER

No. S01A0254.

548 S.E.2d 1 (2001)

274 Ga. 61

DYER et al. v. SOUTHER.

Supreme Court of Georgia.

Reconsideration Denied July 16, 2001.


Attorney(s) appearing for the Case

Beltran & Associates, Frank J. Beltran, Douglas V. Chandler, Atlanta, for appellant.

Carey, Jarrard & Walker, Jack M. Carey, Gainesville, for appellee.


FLETCHER, Presiding Justice.

A jury found that the 1987 will of Laura Blanch Dyer was not the product of undue influence. In this appeal, the caveators challenge the trial court's use of the phrase "definite tilt" in defining the preponderance of the evidence. Although we disapprove of the use of the phrase in instructing the jury, we conclude that the charge as a whole adequately expressed the burden of proof and affirm.

Laura Blanch Dyer died in 1994 leaving...

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