Jason and John B. Lawson III collectively the “Lawsons”, intervened in an existing lawsuit filed by appellant Danny Doy Newton for specific performance of a contract to make a will. The complaint asserted that Syble Lawson promised to leave Newton a life interest in her estate, with the remainder interest to her grandson Jason Lawson, in return for services provided by Newton, giving rise to an enforceable contract to make a will the “Will Contract”. In these companion appeals, the Lawsons and Newton appeal the trial court’s final judgment, following a bench trial, in favor of Christy B. Lawson, as the executor of Syble Lawson’s estate.1 The Lawsons filed a recent, related appeal in the Georgia Supreme Court, in which they contested Syble Lawson’s 2004 will the “2004 Will”. The Supreme Court explained the underlying factual basis of that appeal, as follows: Appellants John and Jason Lawson are the son and grandson of Syble Lawson, who died in December 2005 at age 73. Her June 2004 will left her entire estate to her other son, appellee Christy “Chris” Lawson; he was also named her executor. Appellants filed a caveat to the probate of this will as did Danny Newton not a party to this appeal, who lived with testator for the last ten years of her life. Appellants asserted, inter alia, that the 2004 will was the product of undue influence, and Newton petitioned the probate court to probate a document purporting to be testator’s 2000 will, under which Newton was left a life estate in testator’s realty and the remainder interest went to appellant Jason Lawson, along with certain other bequests. After a hearing, the probate court established the 2004 will as testator’s last will and testament and held the 2000 will to be revoked. Lawson v. Lawson , 288 Ga. 37 701 SE2d 180 2010. The Supreme Court affirmed the probate court’s judgment validating the 2004 Will after finding no evidence in the record that Christy Lawson exerted undue influence on Syble Lawson. Id. at 38 1. In this case, Newton and the Lawsons rely upon Syble Lawson’s 2000 Will, a health care Durable Power of Attorney executed the same day, and a handwritten memorandum the “Notes” discovered after her death to support their claim of a will contract.
The evidence showed that Newton met Syble Lawson in either 1995 or 1996 and subsequently moved into her home. Their relationship lasted until her death in 2005. Newton testified that in 1998 or thereafter Syble Lawson began indicating that she would leave him a life interest in her house provided he did not remarry; income from her pine straw business; income from a rental trailer; the right to harvest timber, which he would share with Jason Lawson; and the right to receive certain personalty. In consideration for these promises, Newton agreed to care for Syble, to care for her dog and to perform upkeep and maintenance of the house and farm. Newton testified that in 2002 he gave up his job as a maintenance foreman at an apartment complex with a salary of $500 per week to care for Syble Lawson after she was diagnosed with breast cancer. Newton stated that he cared for Syble Lawson until her death and continued to care for her dog following her death. He also remodeled Syble Lawson’s rental trailer, added a room onto the house and cleaned and maintained the property. He contends that these actions were undertaken pursuant to the Will Contract.
