Opinion
40239.
DECIDED OCTOBER 26, 1983.
Probate of will. Walker Superior Court. Before Judge Painter.
Adcock Cain, G. M. Adcock, A. W. Cain, Jr., for appellants.
Fletcher Womack, Ronald R. Womack, for appellee.
There being genuine issues of material fact as to the testamentary capacity of the testatrix, the trial court erred in granting summary judgment to the propounder as to that issue. See Mallis v. Miltiades, 241 Ga. 404 ( 245 S.E.2d 655) (1978); Baldwin v. First Tennessee Bank, 251 Ga. 561 ( 307 S.E.2d 919) (1983).
Judgment reversed. All the Justices concur.