Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Mosley v. Lancaster

The evidence supported the finding that the decedent had revoked her purported will.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This case involves a dispute among the grandchildren of Mildred Warnock Hilton “Decedent” concerning the distribution of her estate. The probate court denied probate of Decedent’s purported 1988 will, which meant that her estate would be distributed according to the rules of intestate succession. On de novo appeal to the superior court, the parties stipulated to a bench trial, after which the superior court affirmed the probate court’s decision, ruling that Decedent had revoked her 1988 will and it was not validated by the doctrine of “dependent relative revocation.” The grandchild who offered the 1988 will for probate now appeals to this Court, arguing that the superior court lacked subject matter jurisdiction to deny probate of the will without impaneling a jury and also challenging the court’s judgment on the merits. We affirm.

1. This case has a long and complicated factual and procedural history, which we recount to put our later discussion of the legal issues in context. Viewed in the light most favorable to the superior court’s judgment, see Thomas v. Sands, 284 Ga. 529, 530 668 SE2d 731 2008, the facts are as follows. Decedent died on July 23, 2004, at the age of 95. She and her husband, Chester Hilton, had two children, Joe and James. Joe had three children: Joe Hilton, Jr. and appellees Teresa Hilton Lancaster and Donna Hilton Swinson. James had two children: appellant Jamie Hilton Mosley and appellee Jimmy Hilton.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
General Counsel Summit (GCS) 2024
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More
Go to Events Go to Webcasts
TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›
Associate Position - Casualty Litigation Department - 2 - 4 years' Litigation Experience

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›
Personal Injury Attorney

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
Go to Lawjobs
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements