Mitchell v. Mitchell

Thompson, Justice.

This appeal arises from an order admitting Euel Willard Mitchell’s 2001 will to probate in solemn form. The order was entered by the superior court after it conducted a de novo hearing on appeal from the probate court. The only question considered by the superior court was whether the probate court properly denied admission to probate for a 1991 will due to an implied revocation by the 2001 will pursuant to OCGA § 53-4-42 (c). The parties stipulated that both wills were validly executed and waived a jury trial. We find no error and affirm.

The testator had a total of four…