Woods v. Giedd

Clarke, Presiding Justice.

The issues in this case are twofold: 1) whether a copy of a will lost before the death of the testator may be admitted to probate under OCGA § 53-3-6; and 2) whether the evidence presented by appellees was sufficient to withstand a motion for summary judgment by appellant. OCGA § 53-3-6 provides: “If a will is destroyed without the consent of the testator or is lost or destroyed subsequent to the death of the testator, a copy of the will . . . may be admitted to probate. ... In every such case, the presumption is that the will was revoked by the testator, and that…