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Amerson v. Pahl

The probate court did not err in ruling that the decedent did not lack testamentary capacity and was not under undue influence when he executed his 2010 will.

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Testator William Jackson Dunaway executed his Last Will and Testament in February 2010, leaving his entire estate to his only sister, Virginia Pahl. Following Dunaway’s death, Appellee Stephen Pahl, Virginia’s son, petitioned to probate Dunaway’s will. Appellant Reva Viola Amerson, a longtime close friend of Dunaway, filed a caveat challenging the validity of the will and claiming that an earlier will executed by Dunaway in 1994 remained in effect. After a bench trial, the probate court granted Pahl’s petition, finding the 2010 will to be valid. Amerson appeals, maintaining that the 2010 will is invalid due to lack of testamentary capacity and undue influence. Finding no error, we affirm.

1. Because the power to make a will is a valuable right, a stringent standard must be met to set aside a will and thereby deprive the maker of that right. Holland v. Holland, 277 Ga. 792 4 596 SE2d 123 2004 reversing judgment on verdict denying probate where “stringent standard” not satisfied. Where a probate court’s findings in a non-jury trial are supported by any evidence, this Court is bound to affirm them on appeal. Tuttle v. Ryan, 282 Ga. 652 653 SE2d 50 2007. Assessed under this highly deferential standard, we have no difficulty in affirming the probate court’s finding of testamentary capacity.

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