Simmons v. Norton
290 Ga. 223
| Ga. | 2011Background
- Charles Norton died July 21, 2009; Will dated May 27, 2008 left Lisa a Lakeland house, Beth another Lakeland house, and a Lanier/Lowndes County farm to Nick and Samuel; remaining assets allocated among four children and a named grandson; Samuel was named executor; Beth and Lisa caveated the will and the probate court probated in solemn form; the superior court granted Samuel’s summary-judgment motion denying undue-influence claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the will the product of undue influence? | Simmons and Norton argue Samuel exercised undue influence. | Samuel contends there is no evidence of influence; only opportunity plus a benefit. | No undue-influence evidence; judgment affirmed. |
Key Cases Cited
- Holland v. Holland, 277 Ga. 792 (2004) (undue influence requires mind-control at execution; mere opportunity insufficient)
- Lipscomb v. Young, 284 Ga. 835 (2009) (undue influence must operate on the testator at the time of execution)
- Harper v. Harper, 274 Ga. 542 (2001) (confidential relationships do not prove actual undue influence; mere opportunity insufficient)
- Quarterman v. Quarterman, 268 Ga. 807 (1997) (opportunity alone does not establish undue influence)