Slade v. Slade

Summary

The court refused to dismiss the writ of error because the challenged ruling could have controlled the result if the caveator’s legal theory were correct, and the merits could not be tested by later trial evidence. It affirmed the judgment sustaining demurrers to the caveat, holding that Georgia law did not require testamentary publication or that attesting witnesses know the instrument was a will. The fraud allegation also failed because it did not allege deception of the testatrix.