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Simmons v. Norton

The caveators failed to show that the will was the product of undue influence on the part of the executor.

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Caveators Celia Beth Simmons “Beth” and Lisa Kay Norton “Lisa” appeal from the grant of summary judgment to the propounder of the will of their father, Charles Powell Norton “Charles”. For the reasons that follow, we affirm. In addition to daughters Lisa and Beth, Charles had two sons, Charles N. Norton “Nick” and Samuel P. Norton “Samuel”. Charles died on July 21, 2009. Under a will he executed on May 27, 2008, a house in Lakeland, Georgia, was bequeathed to Lisa, a separate house in Lakeland was to go to Beth, and a farm in Lanier and Lowndes Counties, Georgia, was to be equally divided between Nick and Samuel; any vehicle he owned at the time of death, as well as all fishing tackle and firearms, was left to a named grandson, funds in his checking account were to be divided between his three grandchildren,1 and the residue of his property was to be divided equally between his four children.

Samuel was named as the executor under Charles’s will, and he offered it for probate. Beth and Lisa filed a caveat, and, after a hearing, the probate court rejected the caveat and granted the petition to probate the will in solemn form. Beth and Lisa appealed to the superior court, which granted Samuel’s motion for summary judgment.

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