Fountain v. Cabe

Jordan, Justice.

Thomas Fountain, Jr., sought to probate the will of Mrs. Flora B. Brown which named him as executor. Hazel Cabe, daughter of the testatrix and a legatee, filed a caveat to the will and objections to the appointment of Fountain as executor. The caveat was dismissed by the probate court and upon appeal to the superior court a jury found that Fountain should not serve as executor. He appeals from the denial of his amended motion for a new trial, asserting eight enumerations of error.

1. The appellant enumerates as error the failure of the trial court to grant his motion for…