Bowles v. Bowles

2 Citing cases

  1. Melton v. Shaw

    227 S.E.2d 326 (Ga. 1976)   Cited 2 times

    The burden then shifted to the caveator to show proof of the grounds of the caveat. Bowles v. Bowles, 211 Ga. 461 (1) ( 86 S.E.2d 318) (1954); Spivey v. Spivey, 202 Ga. 644, 649 ( 44 S.E.2d 224) (1947). Here the caveator contended that the will was a copy rather than the original, but he introduced no evidence or affidavit to support such a contention before either the probate court or the superior court.

  2. Lee v. Boyer

    120 S.E.2d 757 (Ga. 1961)   Cited 8 times
    In Lee v. Boyer, 217 Ga. 27 (3) (120 S.E.2d 757) (1961), the court reviewed the cases and noted that in a probate proceeding the propounder and caveator are the opposing parties and both are in life.

    Counsel for the caveatrix urge that the admission should be construed only as an admission of a prima facie case. See Bowles v. Bowles, 211 Ga. 461 ( 86 S.E.2d 318). It is insisted that the trial judge and counsel for both parties so construed the admission on the trial, since evidence was allowed without objection in connection with all grounds of the caveat, and the trial judge charged the jury on the contentions of the caveatrix and stated that she had admitted a prima facie case. The record supports the contention of counsel for the caveatrix that on the trial the admission was apparently treated merely as the admission of a prima facie case.