Johnson v. Ellis

1. “There is no provision of law for the caveat of a will offered, for probate in common form.” Henslee v. Stamps, 137 Ga. 114 (72 S. E. 898); Young v. Freeman, 153 Ga. 827, 832 (113 S. E. 204).

2. “A court of ordinary in probating wills merely adjudicates the factum of the will — devisavit vel non — whether the paper propounded is or is not the last will and testament of the deceased; and this includes the legal execution of the will, the testamentary capacity of the testator to devise, and the presence or absence of undue influence, fraud, or mistake in the execution of the will.” Trustees…