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135 Ga. 103

Williams v. Way

Supreme Court of Georgia

Decided September 21, 1910

Supreme Court of Georgia · decided 1910-09-21

<p>Probate of will. Before Judge Mitchell. Thomas superior court. June 26, 1909.</p>

Decided 1910-09-21

Atkinson, J.

¶11. If a subscribing witness to a will is also a legatee or devisee under the will, the witness is competent, though the legacy or devise to him shall be void. Civil Code, § 3275. It is not a sufficient objection to the probate of a will in which devises to other persons are made that all of the subscribing witnesses are legatees under the will.

¶22. There were no requests to charge. The portions- of the charge complained of were not erroneous; nor was it error, to omit to charge, as complained. The evidence was sufficient to support the verdict, and there was no error in refusing a new trial.

¶3Judgment afp/rmed.

All the Justices concur.
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