Trotman v. Forrester, 279 Ga. 844

Summary

The Supreme Court of Georgia affirmed a trial court judgment setting aside Katherine Forrester's will because her son, Cliff Forrester, had a confidential relationship with her and exerted undue influence. The court held that evidence of the testatrix's weakened mental state, Cliff's involvement in her estate planning, and his isolation of her from family and friends supported the findings of confidential relationship and undue influence.

Holdings

1. Undue influence sufficient to invalidate a will may be proven through circumstantial evidence, including evidence of the testator's weakened mental state and a confidential relationship with the alleged influencer.
2. The evidence was sufficient to support the trial court's findings that Katherine Forrester had a weakened mental state, that Cliff Forrester had a confidential relationship with her, and that he exerted undue influence when she executed the will.

Questions Presented

1. Whether the evidence supported the trial court's findings that Katherine Forrester had a weakened mental state and that Cliff Forrester had a confidential relationship with her.
2. Whether the evidence supported the trial court's determination that Cliff Forrester exerted undue influence over Katherine Forrester when she executed her will.
3. Whether the trial court's judgment setting aside the will should be affirmed under the any-evidence standard.

Disposition

affirmed