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S10A1775. AUITO, CAVEATOR v. AUITO, PROPOUNDER
State: Georgia
Court: Supreme Court
Docket No: S10A1775
Case Date: 01/10/2011
Preview:Final Copy 288 Ga. 443 S10A1775. AUITO v. AUITO. BENHAM, Justice. Bito Auito died March 31, 2007, leaving a will which named as executrix the decedent's widow, appellee Elois Ann Auito. Executrix Auito propounded the will with an attached self-proving affidavit, and appellant Victor Auito, the son of the decedent by a previous marriage, filed a caveat. At the hearing on the caveat, caveator challenged only the lack of proper execution of the self-proving affidavit and expressly abandoned all other grounds of his caveat. The probate court found the self-proving affidavit to be legally sufficient because it was substantially similar in form to the example set out in OCGA
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