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Close Relationship With Brother Not Undue Influence

Description Georgia high court upheld the validity of a contested will. One brother left everything to his brother with whom he worked for a living. Since the court found no evidence of undue influence, just a close relationship, the will was held valid.

Topic Wills, Estates, and Trusts

Key Words Undue Influence

C A S E S U M M A R Y

Facts Eugene McCart and his brother Raymond McCart owned property in common that they farmed together. When Eugene became ill, both brothers executed wills at the same time and both were present. Eugene soon died, naming Raymond his sole beneficiary. Other siblings contested the validity of the will, claiming that Raymond used undue influence on Eugene. Lower court upheld the validity of the will; siblings appealed.

Decision Affirmed. Eugene's physician testified that he was of sound mind when the will was made. While Raymond had strong influence on his brother, this does not rise to the level of undue influence, which occurs when "the will of another is substituted for the wishes of the testator." There is not evidence that Raymond "was capable of exerting the power of leadership over the submissive testator."

Citation Crumbly v. McCart, - S.E.2d - (1999 WL 358664, Sup. Ct., Ga.)

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Close Relationship With Brother Not Undue Influence
Description	Georgia high court upheld the validity of a contested will. One brother left everything to his brother with whom he worked for a living. Since the court found no evidence of undue influence, just a close relationship, the will was held valid.
Topic	Wills, Estates, and Trusts
Key Words	Undue Influence
C A S E S U M M A R Y
Facts	Eugene McCart and his brother Raymond McCart owned property in common that they farmed together. When Eugene became ill, both brothers executed wills at the same time and both were present. Eugene soon died, naming Raymond his sole beneficiary. Other siblings contested the validity of the will, claiming that Raymond used undue influence on Eugene. Lower court upheld the validity of the will; siblings appealed.
Decision	Affirmed. Eugene's physician testified that he was of sound mind when the will was made. While Raymond had strong influence on his brother, this does not rise to the level of undue influence, which occurs when "the will of another is substituted for the wishes of the testator." There is not evidence that Raymond "was capable of exerting the power of leadership over the submissive testator."
Citation	Crumbly v. McCart, - S.E.2d - (1999 WL 358664, Sup. Ct., Ga.)