156 Ga. 614 | Ga. | 1923
(After stating the foregoing facts.)
Exception is taken to the following charge of the court: “ He may bequeath his entire estate to strangers, to the exclusion of his wife and children, but in such case the will should be closely scrutinized and upon the slightest evidence of aberration of intellect or collusion, or fraud, or any undue influence or unfair dealings, probate should be refused.” This was excepted to upon
Another ground of the motion for new trial contains an exception to the charge of the court on the ground that the court charged the provisions of law contained in sections 3834, 3841, and 3842 of the Civil Code; and the three sections which the court read to the jury as part of his instructions are as follows: § 3834. “ The very nature of a will requires that it should be freely and voluntarily executed; hence, anything which destroys this freedom of volition invalidates a will; such as fraudulent practices upon testator’s fears, affections, or sympathies, duress or any undue in
The other excerpts from the charge excepted to are not erroneous for any reason assigned.
Other grounds of the motion for new trial, in varying forms, raise the contention that the verdict in the case is without evidence to support it and is strongly and decidedly against the weight of evidence. These grounds are not passed upon, as the judgment of the court below refusing a new trial is reversed upon other grounds of the motion and the case remanded for another hearing.
Judgment reversed.