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LAND v. BURKHALTER

No. S07A1878.

656 S.E.2d 834 (2008)

LAND v. BURKHALTER.

Supreme Court of Georgia.

January 28, 2008.

Attorney(s) appearing for the Case

Samuel Jeffrey Rusbridge, Dyer & Rushbridge, P.C., Canton, for Appellant.

W. Gene Richardson, Meeks & Richardson, Rome, for Appellee.

CARLEY, Justice.

When Hazel Demonia (Testatrix) died, Evelyn Land (Propounder) offered her will for probate. Michael Burkhalter (Caveator) filed a caveat. After conducting a hearing, the probate court sustained the caveat, on the ground that, contrary to the mandate of OCGA § 53-4-20(b), the requisite two witnesses had not signed in the presence of the Testatrix. Propounder appealed to the superior court, where Caveator moved for summary judgment. The superior...

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