CLAUDE HUDSON, JR. v. MRS. ROBERT F. ABERCROMBIE, EXTRX., 255 Ga. 376

Summary

The decedent initially had a will leaving all of her estate to her best friend, but the friend predeceased her. The nephew testified that upon the friend's death, the probate judge of the county suggested to the decedent that she change her will. The probate judge testified that the decedent decided on her own to change the will. The new will, which was prepared by the probate judge, left part of the estate to the probate judge, part to the nephew, and part to a grandniece. That will was then changed to leave everything to the probate judge's son and the probate judge in equal shares. In reversing the decision of the trial court to grant the motion of the executrix for summary judgment, the court held that there was a question for the jury because: the probate judge stood in a confidential relationship to the decedent; he was not a natural object of the decedent's bounty; and there was evidence that the probate judge suggested that the decedent change her will.