171 Ga. App. 25 | Ga. Ct. App. | 1984
Appellant filed a petition in probate court to set aside or amend the probate of a will in order to prove a newly found codicil or will. Appellant was not a party to the original probate. The probate court dismissed the petition for lack of jurisdiction. On appeal to the superior court, appellant amended his petition to seek a new trial. The superior court affirmed the dismissal of appellant’s petition and appellant appeals.
Appellant contends that the trial court erred by ruling that the superior court and the probate court lacked jurisdiction to set aside the probate of the will based on the lost codicil being found. This case is controlled contrary to appellant’s contentions by Byrd v. Riggs, 210 Ga. 473 (80 SE2d 785) (1954). Appellant did not allege that the judgment probating the will in solemn form should be set aside or vacated
Judgment affirmed.