113 Ga. 795 | Ga. | 1901
Yarner filed a petition in the court of ordinary, alleging that Ezekiel Beeves had departed this life testate, and that his last will was destroyed subsequently to his death, and praying that a copy of the will be established and admitted to record. To this petition certain persons, describing themselves as the heirs at law of Ezekiel Beeves, filed a caveat, setting up that at the time of the execution of the alleged will the testator was not of sound mind, that in executing the paper' he acted under the undue influence of Yarner, and that the failure to find the paper was due to the fact that the testator had destroyed it with the intention of revoking it. The court of ordinary refused to admit to record the paper alleged to be a copy of the will, and the case was appealed to the superior court. • On the trial there, at the conclusion of the evidence introduced by the propounders, the court passed an order dismissing the appeal and sustaining the judgment of the court of ordinary. This judgment was reversed by the Supreme Court, and a new trial ordered. Scott v. McKee, 105 Ga. 256. While the case was pending in the Supreme Court Yarner died, and two of the legatees under the alleged will were made parties in this court in his place. When the case came on for trial a second time in the superior court, after the introduction of the testimony in behalf of the propounders, the court held that the evidence was insufficient to authorize the establishment of the paper as the last will of Ezekiel Beeves, and entered .a judgment denying the application to probate the copy will and refusing to allow it to be admitted to record. The case is here again upon a bill of exceptions containing assignments of error upon the ruling just referred to, and upon other rulings made during the progress of the trial.
Judgment affirmed.