Chester v. Smith

Melton, Justice.

Phil and Mary Chester (hereinafter collectively “Chester”), propounders of the Will of Sara Elizabeth Campbell, filed a petition to probate Campbell’s Will in the Probate Court of Habersham County on May 23, 2006. On June 20, 2006, Campbell’s brothers, Russell and Ray Smith (hereinafter collectively “Smith”), filed an objection to the probate of the Will. Following a hearing, the probate court rejected Campbell’s Will for'probate, finding that the witnesses to the Will had not signed it in Campbell’s presence as required by OCGA § 53-4-20 (b) (“[a] will shall be attested and…