Daniel v. Daniel

Hall, Justice.

Asa Daniel, Jr., filed a petition in probate court to set aside the probate in solemn form of his father’s will. The petition alleged that Daniel’s acknowledgment of service and consent to probate of the will in solemn form instanter were obtained through fraud and misrepresentation. The probate court dismissed the petition, and the superior court affirmed. We disagree and reverse.

1. The probate court has jurisdiction to vacate its judgment probating a will in solemn form which was obtained through fraud or other illegality. Dennis v. McCrary, 237 Ga. 605 (229 SE2d 367) (1976).…