Land v. Burkhalter

Carley, Justice.

When Hazel Demonia (Testatrix) died, Evelyn Land (Pro-pounder) offered her will for probate. Michael Burkhalter (Caveator) filed a caveat. After conducting a hearing, the probate court sustained the caveat, on the ground that, contrary to the mandate of OCGA § 53-4-20 (b), the requisite two witnesses had not signed in the presence of the Testatrix. Propounder appealed to the superior court, where Caveator moved for summary judgment. The superior court granted the motion, from which order Propounder brings this appeal.

1. The hearing in probate court was not officially reported,…