YUZAMAS v. YUZAMAS., 241 Ga. 577, 247 S.E.2.d 73 (1978)
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Summary
Judgment affirmed. All the Justices concur.
Summary
Judgment affirmed. All the Justices concur.
Text
Minsey & Kenmore, Sylvia G. Haywood, for appellant.
Joseph Cashmir Yuzamas began living with Rosa Mary Clark in 1971. In 1973, he was divorced from his second wife. On February 23, 1976, he executed his will, referring to Rosa Mary Clark as his wife and naming her as his sole beneficiary. Following his death on August 2, 1976, Rosa Mary Clark Yuzamas petitioned the Probate Court of Jones County to admit the will to probate in solemn form. Joseph Charles Yuzamas, testator's son who had not seen or spoken with his father since 1967, filed a caveat. The probate court admitted the will to probate and the caveator appealed to the superior court where a de novo jury trial was begun. At the close of the evidence, the trial court directed a verdict for the propounder, Rosa Mary Clark Yuzamas. The caveator appeals, urging that the grant of the directed verdict was error.
The propounder argues that the evidence shows without contradiction that she was the common law wife of the testator, that as his wife she was not a stranger within the meaning of Code 113-106, that hence the "slightest evidence of aberration of intellect" test of Code 113-106 is not applicable here, that the traditional test of testamentary capacity is therefore applicable here, and that the grant of a directed verdict was proper under the traditional test of testamentary capacity. Propounder relies on Fehn v. Shaw,
William C. Randall, Alphonso Bailey, for appellee.
1978
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