Testator Marion E. Peterson died in 2008. She was survived by her two siblings, Arvin Peterson and Carolyn Peterson Basner caveators. After testator’s death, Vasta Lucas, testator’s longtime companion and executor of testator’s estate, filed a petition to probate testator’s will in solemn form. Lucas died during the pendency of this appeal, and appellee Richard Harrell was appointed as successor executor and trustee for the estate. Caveators filed a caveat to the petition to probate alleging the will was not properly executed or had been revoked due to obliterations. The trial court admitted the will to probate and caveators appealed. We affirm. 1. OCGA § 53-4-20 b of the Revised Probate Code of 1998 provides that “a will shall be attested and subscribed in the presence of the testator by two or more competent witnesses.” The record evidence in this case establishes that testator executed a will on June 9, 1976. The will was witnessed by two subscribing witnesses, only one of whom was living at the time of trial. Having been provided a copy of testator’s will, the surviving witness testified to its due execution by deposition testimony presented at trial and via written interrogatories filed with the court. See OCGA § 53-5-23 methods of examining witnesses to a will. Caveators presented no evidence challenging either the validity of the signatures on the will or testator’s capacity at the time the will was executed. Accordingly, the evidence supports the trial court’s finding that the will was duly executed. OCGA § 53-4-20 b.
2. The will contained a bequest to Lucas in the form of a trust and provided that upon Lucas’ death the trustee shall distribute any remaining assets to four beneficiaries, including caveators. Some time after the will was executed, testator struck through with an ink pen the names of all successor beneficiaries of the trust estate, as well as language in the will nominating Richard Harrell as successor executor and trustee. None of the strike-throughs were witnessed or attested to. Near the end of the will, testator wrote, “My executrix is Julie Peterson.”1 Caveators contend these alterations constitute material cancellations that effect a revocation of the will.
