Gunter v. National City Bank

This appeal is by a caveator to the probate of a will and codicil in Floyd County. The testamentary documents were probated in solemn form on conflicting evidence in the probate court and subsequently upheld through the grant of a summary judgment in the superior court following an appeal to that court by the caveator.

The propounder’s motion for summary judgment in superior court was supported by affidavits from two subscribing witnesses. The order setting a hearing date on the motion for summary judgment was served on counsel for the caveator and it provided that oral evidence would be…