Johnson v. Burrell, 294 Ga. 301

Hubert Johnson executed a May 2009 will leaving the pecan farm to Donna Ellis Burrell; he died weeks later and Donna probated the will.
Caveators Henry Johnson (adopted son) and Kendall Hash alleged undue influence and misrepresentation by Donna in the 2009 will.
Prior wills (2001, 2007, 2008) left the farm to Hash; the 2009 will revoked prior wills and left the farm to Donna.
Donna lived on the farm with Lynn Burrell; she served as caregiver and held a 2008 power of attorney; she assisted Hubert but did not prepare the 2009 will.
Probate court granted summary judgment for Donna on undue influence; caveators appeal.
Evidence showed no active participation by Donna in planning/execution of the 2009 will, no valid presumption of undue influence, and insufficient fraud evidence; court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Undue influence present via presumption of influence?	Caveators contend presumption arose from confidential relationship and active participation.	Donna argues no active participation and thus no presumption.	No genuine issue; presumption did not arise; summary judgment proper.
Fraud/misrepresentation invalidating the will?	Caveators allege Donna misrepresented facts to induce Hubert to execute the will.	No evidence of misrepresentation or reliance; statements about relationship with Lynn were unrelated to dispositive intent.	No evidence of fraud; summary judgment proper.

Amerson v. Pahl, 292 Ga. 79 (2012) (undue influence requires deception or coercion destroying free will)
Davison v. Hines, 291 Ga. 434 (2012) (factfinder generally decides undue-influence questions)
Lawson v. Lawson, 288 Ga. 37 (2010) (summary-judgment standard; active participation needed for presumption)
Bean v. Wilson, 283 Ga. 511 (2008) (presumption of undue influence may raise jury question; rebuttable)
Harper v. Harper, 274 Ga. 542 (2001) (mere confidential-relations alone insufficient to prove undue influence)