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2018 Georgia Code 15-9-89 | Car Wreck Lawyer

TITLE 15 COURTS

Section 9. Probate Courts, 15-9-1 through 15-9-158.

ARTICLE 4 TIME, PLACE, AND PROCEDURE

15-9-89. Amendment of petition and caveat.

The petition and caveat shall be amendable at all times and in every particular.

(Orig. Code 1863, § 4016; Code 1868, § 4045; Code 1873, § 4116; Code 1882, § 4116; Civil Code 1895, § 4256; Civil Code 1910, § 4814; Code 1933, § 24-2108.)

JUDICIAL DECISIONS

Amendment to homestead application allowed.

- Amendment to a homestead application could be allowed so as to state the residence of the applicant, and that the applicant was the head of the family. Hardin v. McCord, 72 Ga. 239 (1884).

Amendment to raise issue of revocation by subsequent will.

- If caveator attempted to amend the caveat in the superior court to raise the issue of revocation by a subsequent will, the trial court erred in granting the proponent's motion in limine to exclude the later will or any reference to that will from evidence on the ground that the will was not part of the record below on appeal and that the caveator was estopped to amend the caveat by adding a ground outside the record, although it is undisputed that the caveator was aware of the existence of the later will at the time the caveator filed the caveat to the earlier will but did not raise this issue in the probate court. Lee v. Wainwright, 256 Ga. 478, 350 S.E.2d 238 (1986).

Amendment to raise issue not raised in probate court.

- If the validity of the will itself was the only issue raised and addressed in the probate court, the caveators could not add the issue of removal of the executor on appeal to the superior court. Yancey v. Hall, 265 Ga. 466, 458 S.E.2d 121 (1995).

Amendment proper.

- It was error to dismiss an amended objection to the probate of a will on the ground that the original objection was legally insufficient, as an amendment to a caveat was permitted even when it was the amendment that sustained the validity of the caveat; the original objection put the proponent on notice of the objection, and its amendment the next day to include the grounds of undue influence and mental incapacity was proper under O.C.G.A. §§ 9-11-15 and15-9-89. Deering v. Keever, 282 Ga. 161, 646 S.E.2d 262 (2007).

Cited in Payne v. Payne, 229 Ga. 822, 194 S.E.2d 458 (1972); Bloodworth v. Bloodworth, 240 Ga. 614, 241 S.E.2d 827 (1978).

Cases Citing O.C.G.A. § 15-9-89

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Deering v. Keever, 646 S.E.2d 262 (Ga. 2007).

Cited 12 times | Published | Supreme Court of Georgia | Jun 11, 2007 | 282 Ga. 161, 2007 Fulton County D. Rep. 1813

...872, 874(1), 572 S.E.2d 538 (2002); SunTrust Bank v. Peterson, 263 Ga.App. 378, 380 (n. 1), 587 S.E.2d 849 (2003). However, the Code does not require that the legal sufficiency of Deering's objection as amended be assessed on the date the original objection was filed. In fact, OCGA § 15-9-89 states: "The petition and caveat shall be amendable at all times and in every particular." Further, while governance of pleadings in probate courts is set forth in Chapter 11 of Title 53 of the Code, that governance is supplemented by the provisions of the Civil Practice Act....
...352(4), 82 S.E. 1065 (1914). Deering's original pleading put Keever on notice of her objection to the probate of the will. Her amendment the following day to include the grounds of undue influence and mental incapacity was proper under OCGA §§ 9-11-15 and 15-9-89....
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Yancey v. Hall, 265 Ga. 466 (Ga. 1995).

Cited 11 times | Published | Supreme Court of Georgia | Jun 12, 1995 | 458 S.E.2d 121

...348 (1) (40 SE2d 57) (1946). Caveators urge that the issue of Yancey's removal was raised properly in the superior court because they amended their caveat in that court so as to request "any and further relief that the Court may deem just and equitable. . . ." OCGA § 15-9-89 provides that "[t]he petition and caveat shall be amendable at all times and in every particular" and, pursuant to that statute, Caveators "could amend their appeal in the superior court by the amplification of their ground[s] of caveat in the [probate] court....
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Lee v. Wainwright, 350 S.E.2d 238 (Ga. 1986).

Cited 9 times | Published | Supreme Court of Georgia | Nov 25, 1986 | 256 Ga. 478

...introduced in the superior court regardless of whether it was submitted in the probate court. Dukes v. Joyner, 234 Ga. 526, 527-528 (2) (216 SE2d 822) (1975). There is no question that the evidence of the subsequent will was competent. Further, OCGA § 15-9-89 provides, "The petition and caveat shall be amendable at all times in every particular." Thus, the trial court erred by denying Lee's amendment and by granting Wainwright's motion in limine....