Rigby v. Powell

Undercofler, Presiding Justice.

This case was previously in this court on the grant of appellees’ motion to dismiss and summary judgment. This court reversed that judgment because there were material issues of fact for determination. Rigby v. Powell, 233 Ga. 158 (210 SE2d 696) (1974). The case was tried before a jury and a verdict directed in favor of the appellees. Held:

1. During the trial of this case when the appellant sought to testify about the alleged-oral contract to make mutual wills between him and his wife an objection was interposed that such communications with a deceased were…