Lee v. Green

Grice, Justice.

The issue here concerns the validity of a devise to the two witnesses to a nuncupative will and also the probate of that will.

Charles Lee made application in the Court of Ordinary of Fulton County to probate the nuncupative will of John B. Capers. The will, reduced to writing and offered for probate within the required times, was witnessed by Lee and Mrs. Birdie Lyman. It purported to devise one-half of certain property to them and the other one-half to the testator’s sister and brothers, and to exclude from its provisions any disposition of certain other property left by the…