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KAPLAN v. KAPLAN

No. S96A0044.

469 S.E.2d 198 (1996)

266 Ga. 612

KAPLAN v. KAPLAN, Jr., et al.

Supreme Court of Georgia.

April 29, 1996.

Attorney(s) appearing for the Case

Mitchell P. House, Jr., Edward S. Sell, III, Sell & Melton, Macon, for Kaplan.

Robert L. Rothman, Bertrum L. Levy, Walter H. Bush, Jr., Arnall, Golden & Gregory, Macon, for Kaplan, Jr.

BENHAM, Chief Justice.

Appellees, named executors of their father's will, filed his will for probate. Appellant, who married the decedent in 1978, filed a caveat on the ground of mistake of fact under OCGA § 53-2-8. The probate court granted the executors' motion to dismiss for failure to state a claim.

OCGA § 53-2-81 provides a method for avoiding the consequences of a testator's mistaken factual beliefs concerning the...

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