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Welborn v. Welborn

Undisputed evidence that the deceased's son was providing her with shelter and care at the time she transferred a stock account to him supported the trial court's undue influence charge.

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As the executor of his mother’s estate, Terrell Welborn sued his brother Ronald concerning a stock account their mother transferred to Ronald shortly before her death. A jury found in favor of Terrell, and the trial court entered judgment on the verdict. On appeal, Ronald argues that there was insufficient evidence to send the case to the jury. We disagree and therefore affirm. In order to prevail, Ronald must show “that there was no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, demanded the verdict sought.” Citation and punctuation omitted. Harrouk v. Fierman , 291 Ga. App. 818, 820 1 662 SE2d 892 2008. See also OCGA § 9-11-50 a; South Fulton Med. Ctr. v. Poe , 224 Ga. App. 107, 108 1 480 SE2d 40 1996 standards of review for directed verdict and judgment notwithstanding the verdict are the same.

So viewed, the record shows that in the spring of 2003, at the age of 81, Bonnie Welborn moved in with her son Ronald. Ronald’s girlfriend Dianna also moved in around the same time to help take care of Bonnie. Dianna controlled Bonnie’s diet in order to ameliorate her diabetes. In December 2003, Bonnie was diagnosed with lung cancer, for which she received radiation treatment. She broke her hip shortly before her death in November 2005. It is undisputed that Bonnie was mentally competent until a few days before her death.

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