Barber v. Holmes, 282 Ga. 768

Summary

The Supreme Court of Georgia affirmed summary judgment rejecting a will contest based on alleged undue influence. The court held that evidence of abuse and influence occurring decades before execution of the will, along with inadmissible post-execution hearsay statements, did not show deception, force, or coercion operating on the testatrix when she executed the will.

Holdings

1. Evidence of undue influence must show deception, force, or coercion operating on the testatrix at the time of execution and depriving her of free agency; evidence of influence occurring decades earlier was insufficient.
2. The affidavit's statements recounting Testatrix's post-execution declarations that she had been pressured into making the will were inadmissible hearsay for the purpose of invalidating the will.
3. Summary judgment for Holmes was proper because the Barber Children presented no admissible evidence creating a material issue that Testatrix was acting under undue influence when she executed the will.

Questions Presented

1. Whether the evidence established undue influence sufficient to invalidate the will.
2. Whether the Barber Children's evidence showed that undue influence operated on Testatrix at the time of execution.
3. Whether Jacob Barber's affidavit statements were admissible to prove that the will was procured by undue influence.

Disposition

affirmed