Scarborough v. Long

Grice, Justice.

This is another branch of the same litigation as that reported in Scarborough v. Edgar, 176 Ga. 574 (168 S. E. 592), and Smith v. Scarborough, 182 Ga. 157 (supra). One controlling question presented is whether it was error to sustain a demurrer to a petition which disclosed the following facts: A will was on file in the ordinary’s office, together with an application to probate it. The application had been refused on account of the failure of the propounder to produce sufficient evidence to prove the will, though such evidence was accessible, no caveat having been filed. The…