Smoot v. Alexander

Atkinson, Presiding Justice.

1. Tbe exception is to a judgment refusing a motion for a new trial complaining of the verdict sustaining a caveat to an alleged will offered for probate in solemn form.

2. What is mental capacity to make a will is a question of law. On the trial of an issue of dovisavit vel- non, whether the alleged testatrix had mental capacity to make a will at the time of signing the paper is a question for decision by the jury, and a witness can not testify as to such legal conclusion. Travelers Insurance Co. v. Thornton, 119 Ga. 455 (46 S. E. 678); Slaughter v. Heath, 127 Ga.…