In this probate case, the propounder filed a petition for probate in solemn form to have a 2007 will declared the testator’s last will and testament. The caveator challenged the will on the grounds of lack of testamentary capacity, undue influence, and fraud. A jury found that the 2007 will was the product of undue influence and fraud, and the probate court entered judgment on the verdict. In Case No. S10A1497, the propounder appeals, contending that the probate court erred in denying his motion for directed verdict on undue influence and fraud and, in the alternative, that a new trial is required due to erroneous evidentiary rulings. In Case No. S10X1498, the caveator files a defensive cross-appeal, asserting error in the exclusion of testimony by a doctor who treated the decedent and two instances of alleged instructional error. For the reasons that follow, we affirm the probate court’s judgment denying admission of the 2007 will to probate; the cross-appeal is therefore moot. 1. Viewed in the light most favorable to the verdict, the facts are as follows. See Lillard v. Owens , 281 Ga. 619, 620 641 SE2d 511 2007. Mary Agnes Royster McDaniel Ms. McDaniel was married to Luther Lee “Mutt” McDaniel the testator for over 60 years, until her death at age 87 on December 10, 2006. The testator died two-and-a-half years later on June 24, 2009, at the age of 92. The McDaniels had two sons, Charles Lee McDaniel the caveator and Jerry Clyde McDaniel, Sr. the propounder, both of whom are married. Prior to the events that gave rise to this litigation, the family apparently got along well.
In 2002, the testator and his wife, who were then in their 80′s, executed wills prepared by their attorney, James Clyde Morris, Jr., leaving everything to the surviving spouse and if there was no surviving spouse, to their two sons equally. Ms. McDaniel suffered from Alzheimer’s-related dementia and other ailments, and by 2006, the testator could no longer care for her on his own. The caveator moved in with his parents in January 2006, and for the first part of that year, the propounder and his wife stayed with the elder McDaniels some weekends to alleviate the burden on the caveator. They continued to visit regularly after that time. Over the course of 2006, the elder McDaniels added the caveator’s name to all their bank accounts so that he could manage their financial affairs for them.
