JORDAN, Justice.
Annie Dukes sought to probate an alleged nuncupative will of her son, Otis Coleman Sumler, in the Court of Ordinary (now Probate Court) of Ben Hill County. One of the sons of the deceased filed a caveat to the probate of the will. The ordinary found that the propounder had failed to prove the essential elements of a nuncupative will, and sustained the caveat. The propounder appealed to the superior court.
The caveator filed a motion to dismiss...
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