Bianchini v. Wilson

Quillian, Justice.

In a proceeding to probate a will the burden is upon the propounder to prima facie prove the factum of the will, that is, that the will was executed with requisite formalities (according to Code Ann. § 113-301; Ga. L. 1958, pp. 657, 658, Ga. L. 1964, Ex. Sess., pp. 16, 17); that the testator executed the will freely and voluntarily and was at the time of sound and disposing mind and memory. Brazil v. Roberts, 198 Ga. 477, 478 (2) (32 SE2d 171); Spivey v. Spivey, 202 Ga. 644 (1) (44 SE2d 224); Ehlers v. Rheinberger, 204 Ga. 226, 228 (49 SE2d 535). This burden carried, the…