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Jeffrey Dean Wilbur Et Al.v.Patricia Floyd

CourtCourt of Appeals of Georgia
Docket No.A19A2321
DecidedFebruary 5, 2020
Reporter340 Ga. App. 39
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawCivil ProcedureSummary JudgmentStatutory InterpretationRemandVacatur
Case Summary

Jeffrey Wilbur sought to probate his mother’s will after the original attestation page could not be located. The trial court granted his sister summary judgment, concluding that the missing page made the will invalid. The Georgia Court of Appeals held that the evidence created a jury question about whether the will complied with Georgia’s execution formalities despite the missing attestation page. A probate appeal is tried anew in the superior court, and summary judgment was improper where the record did not establish invalidity as a matter of law. Because that ruling resolved the validity issue, the appellate court did not reach the sister’s alternative claims that the mother lacked testamentary capacity or acted under undue influence. It vacated the summary judgment and remanded for further proceedings.

Opinion

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Jeffrey Dean Wilbur Et Al. V. Patricia Floyd — The Atlanta Gleaner