152 Ga. 811 | Ga. | 1922
Mrs. Julia S. Phillips offered for probate in solemn form an instrument in writing purporting to be the last will and testament of James I. Phillips. Mrs. Lula Phillips Mullis and others, alleging themselves to be heirs at law of the testator, filed their caveat to the probate, on the grounds that the testator, at the time of the execution of said will, was not of sound and disposing mind and memory, and was mentally incapable of making a disposition of his property by will; that he did not execute the will freely and voluntarily, but was moved thereto by undue influence exercised upon him by his son, T. Elwood Phillips; that at the time of the execution of the will the testator did not see the witnesses as they signed their names as such, neither was he in a position to see the attesting witnesses sign the will, and could not have seen them sign without changing his position; that he did not know the contents of the will, the property he was disposing of, nor the parties to whom he was devising it.
Upon hearing the case the ordinary adjudged that the will be probated in solemn form; and the caveators filed their appeal-to the superior court, where the case came on for trial, and the jury returned a verdict in favor of the propounder. The caveators made a motion for new trial, which was overruled, and they excepted.