Foster v. Shepherd

GOODWYN, Justice.

This is a will contest involving the will of P. L. Posey, deceased, executed by him on January 27, 1954. The appellant, Sterling Foster, named in the will as executor, filed a petition in the probate court of Bullock County for probate of the will. Several of Mir. Posey’s heirs (appellees) filed a contest in said court with a demand for transfer of the contest to the circuit court of Bullock County for trial before a jury pursuant to Code 1940, Tit. 61, § 63. The transfer was made and the issue as to Mr. Posey’s testamentary capacity was presented to a jury for determination.…