Smith v. Srinivasa

Hines, Justice.

This is an appeal from the judgment entered on a jury verdict in a will contest involving the application of former OCGA § 53-3-6. The statute provides that if a will is lost during the testator’s lifetime, destroyed without the consent of the testator during the testator’s lifetime, or lost or destroyed subsequent to the death of the testator, a copy of the will, clearly proved to be such by the subscribing witnesses and other evidence, may be admitted to probate in lieu of the original. In such cases, the presumption is that the will was revoked by the testator, but the…