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MITCHELL v. MITCHELL

No. S05A0801.

612 S.E.2d 274 (2005)

279 Ga. 282

MITCHELL et al. v. MITCHELL et al.

Supreme Court of Georgia.

April 26, 2005.

Attorney(s) appearing for the Case

Bret Eugene Redeseal, Shannon, for Appellants.

Frank H. Jones, Rome, for Appellees.

THOMPSON, Justice.

This appeal arises from an order admitting Euel Willard Mitchell's 2001 will to probate in solemn form. The order was entered by the superior court after it conducted a de novo hearing on appeal from the probate court. The only question considered by the superior court was whether the probate court properly denied admission to probate for a 1991 will due to an implied revocation by the 2001 will pursuant to OCGA § 53-4-42(c). The parties stipulated...

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