Tuttle v. Ryan, 2007 Ga. LEXIS 842 (2007)

Porter Morrison Ryan was survived by her daughter, Mary Frances Tuttle and other relatives. After Porter died in 2003, Tuttle asked the court to probate a Will executed in 1956. The other relatives objected, contending that the 1956 Will was revoked when Porter executed a new Will in 1999. Tuttle responded arguing that Porter was not competent to execute a new Will in 1999. The probate court held a hearing, after which it found that the 1999 Will was valid and entered it for probate.

On appeal, the court affirmed the decision below after finding there was evidence to support the probate court’s findings. The controlling question was whether Porter had sufficient testamentary capacity at the time of executing the Will. There was testimony from the attorney who prepared and witnessed the self-proved will, see OCGA § 53-4-24, an associate who also witnessed Ryan’s execution of the will, and the legal secretary who was present and notarized the will, all of which supported the probate court’s finding that Ryan possessed the necessary testamentary capacity at the time the 1999 will was executed.

Decided: November 5, 2007

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