Carter v. First United Methodist Church of Albany
Georgia Supreme Court
246 Ga. 352, 271 S.E.2d 493 (1980)
- Written by Paul Neel, JD
Facts
Mildred Tipton made two wills. The first will was properly executed. The second will was found among Tipton’s personal papers after her death. The second will was handwritten, unsigned, and unwitnessed. The first will was found folded with the second. On the first will, Tipton had penciled diagonal lines through the name of one executor as well as through certain property dispositions. While she was alive, Tipton had contacted her attorney saying that she wanted to revise her will and had drafted suggested changes. The First United Methodist Church of Albany (defendant) wanted the first will probated. Carter (plaintiff) challenged the first will, arguing that the second will revoked the first but was improperly executed, and so Tipton died intestate. The trial court ruled in favor of First United Methodist. Carter appealed.
Rule of Law
Issue
Holding and Reasoning (Nichols, J.)
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