Young v. Mallory

This case is here for the third time. At the October term, 1894, we held that the declarations of the testator, while admissible to show the state of his mind at the time of executing his will, were not competent for the purpose of showing that a fraud had been practiced upon him with the object of affecting the testamentary disposition of his estate. 94 Ga. 804. At the March term, 1896, the only question passed upon was whether or not an heir at law, who seeks “to render a will inoperative as to him on the ground that it was executed under a mistake of fact as to his existence, is bound to…