STRONG v. HOLDEN (two cases)., 287 Ga. 482

Summary

The caveator claimed that the trial court erred in granting summary judgment for the propounder on the questions of whether the testatrix possessed testamentary capacity to execute a will, undue influence, and whether the will was properly executed. The supreme court held that the subscribing witnesses averred that the testatrix was of sound mind and able to answer questions regarding the value of assets, the identity of family members and friends, and her scheme of disposition. The will contained gifts to friends, caregivers, and family, including the caveator and propounder, much like the bequests set forth in the testatrix's previous wills. There was no evidence showing that the propounder controlled the will, conduct, and interest of the testatrix. The testatrix was a strong willed, confident woman, who placed only a general trust and confidence in the propounder. Pursuant to O.C.G.A. § 53-4-20(a), her mark was sufficient to show that she intended to authenticate the instrument as ...