Carter v. First United Methodist Church Of Albany

246 Ga. 352, 271 S.E. 2d 493 (1980)

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Nature of the Case

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Facts

Testatrix executed the will in 1963. Prior to her death in 1979, she had indicated to her attorney that she wanted to make changes to the will. After her death, the will was found among her effects, folded together with a handwritten, unsigned instrument which purported to make changes to the will. There were pencil marks through the testamentary portions of the will. The United Methodist Church (D) attempted to probate the will and was contested by Carter (P). The court below found that, although testatrix had told her attorney that she wanted to make changes to her will and that she had drafted a memorandum outlining the proposed changes, she did not intend to revoke the existing will by making the marks on it, or by drafting the memorandum.