Cunningham v. Cozzort

Nichols, Presiding Judge.

1. Special ground numbered 13 of the defendant’s amended motion for new trial complains of the admission into evidence of the will allegedly executed by the deceased on August 11, 1959, after the will which was allegedly executed on January 15, 1958, which will was probated by the defendant. The objection to such evidence was that the will dated August 11, 1959 was not proved to the extent necessary to probate it in solemn form in that the necessary witnesses were not produced.

One of the subscribing witnesses to such will testified as to its execution and that he and…