McKnight v. Boggs

Weltner, Justice.

This is an appeal from an order of the Glynn County Superior Court declaring unconstitutional OCGA § 53-3-13, which requires that notice to probate a will in solemn form be given only to heirs-at- law.

Decided November 16, 1984. George M. Rountree, for appellant. Robert P. Killian, for appellee.

On July 10, 1981, Will Hilton executed a will naming Boggs as executrix and sole beneficiary. A year later, he executed a second will naming his nephew (McKnight) as executor and his sister as beneficiary. After Hilton’s death, Boggs filed a petition to probate the first will in common…