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10. J. T. Payne executed a valid will on June 29, 1934. On April 24, 1956, a will with singed edges was offered to the
10. J. T. Payne executed a valid will on June 29, 1934. On April 24, 1956, a will with singed edges was offered to the probate court. Three of his children challenged the will, contending the deceased had revoked it. A witness at the trial testified that in July of 1934, J. T. Payne said, "I am going to get rid of this damn will right now," and he threw it on live coals in the fireplace. Payne's wife rescued the document and, with it still smoking on one end, put it into her apron. No language of the will offered in probate was obliterated or obscured. Can this be considered a valid will? [Payne v. Payne, 3213 Ga. 613, 100 S.E.2d 450 (Ga., 1957).]
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