66 Ga. 738 | Ga. | 1881
Samuel W. Forester propounded for probate a paper which he alleged to be the last will and testament of Hardy Watford, late of said county, deceased.
Plaintiff in error, as an heir at law of .testator, filed his caveat to said probate, alleging,
1st. That from extreme old age, imbecility of body and mind, testator was. not capable of making a will.
2d. Because the will is unjust, unequal and inequitable.
3d. Becausé said will was not the voluntary act of said Hardy Watford, but that he was moved and unduly influenced in the making of the same by the persuasions and fraudulent practices of the executrix, Elizabeth R. Harris, who was a daughter of testator.
Said cause came on for trial on the appeal,' and under the law as given in charge, and the evidence submitted, the jury found the paper to be the last will and testament of the testator.
Plaintiff in error, during the term, filed his motion for a new trial, on the following grounds :
(2) . Because the verdict of the jury was strongly and decidedly against the weight of the testimony.
(3) . Because the verdict is contrary to law, contrary to the evidence and the principles of justice and equity.
Which motion for new trial was overruled by the court and caveator excepted.
Let the judgment of the court below be affirmed: