Peek v. Irwin

The exception is to a judgment refusing a new trial. The proceeding was to probate a will, and caveat was filed. The verdict was for a second time for Irwin, caveator. See Peek v. Irwin, 164 Ga. 450, where a detailed statement of the case may be found.

1. The evidence supports the verdict.

2. Movants for new trial complain of the following charge to the jury: “When a will can not be found after the death of the testator, there is a strong presumption that it was destroyed or revoked by the testator himself, and this presumption stands in the place of positive proof.” This charge is an exact…