Harper v. Harper, 274 Ga. 542

Summary

The Supreme Court of Georgia affirmed summary judgment allowing probate of Denver Harper's will, which favored one son and disinherited another. The court held that evidence of fraud or undue influence by a third party could be relevant, but the caveator presented insufficient admissible evidence to create a genuine issue concerning fraud or undue influence by either the beneficiary or his son. The court also held that the testator's statements were inadmissible to prove fraud or undue influence and that the grandson's statements about newly purchased trucks were not material misrepresentations.

Holdings

1. A will may be invalidated by fraud or undue influence practiced by any person, including a third party, and there is no statutory requirement that the conduct be directly attributable to the beneficiary or propounder.
2. Summary judgment was proper for the propounder because the record contained no evidence that he made fraudulent misrepresentations or exercised undue influence over the testator.
3. Testator declarations are not admissible to prove the actual fact of fraud or the exercise of improper influence in executing a will; they may be admissible to show the will's validity, but not its invalidity.
4. The evidence did not create a genuine issue of material fact regarding fraud or undue influence by the grandson. The grandson's statements supplied essentially truthful information, the testator independently reached an erroneous conclusion, and the grandson's transportation assistance and connection to the will execution did not establish undue influence.

Questions Presented

1. Whether evidence of fraud or undue influence by a person other than the beneficiary or propounder may invalidate a will.
2. Whether the evidence created a genuine issue of material fact regarding fraud or undue influence by the propounder.
3. Whether hearsay declarations by the testator were admissible to prove that the grandson committed fraud or exercised undue influence.
4. Whether the evidence created a genuine issue of material fact regarding fraud or undue influence by the grandson.

Disposition

affirmed