ODOM v. HUGHES et al., 293 Ga. 447

Summary

The testator had executed a will that bequeathed all of her property to two children and to the propounder's daughter. The propounder was specifically excluded because she had failed to repay a large loan from the testator. Thereafter, the propounder was involved in having the testator execute two subsequent wills which included the propounder in the will and provided her with large bequests and powers. When the propounder submitted the last will for probate, a caveat was filed. Although the probate court admitted the will, on appeal, a jury found that the will was not the testator's true last will and testament. On further review, the court found that the testator's grandson had standing to caveat. Further, a hearing on a motion to dismiss him was not required under Unif. Super. Ct. R. 6.3. An attorney's statement as to one caveator's unavailability due to a medical condition supported use of her deposition at trial under O.C.G.A. § 9-11-32. The propounder was not entitled to a ...