In this will contest, caveatrix Roxanna Caswell appeals from a jury verdict and judgment entered in favor of the propounder of the last will and testament of testator Nathan H. Caswell. The issues on appeal involve evidentiary rulings of the trial court and the grant of a partial directed verdict. Finding no error, we affirm. Caveatrix was married to testator at the time of his death. In early March 2005, shortly after being diagnosed with renal cancer, testator executed a general power-of-attorney in favor of caveatrix. On March 26, 2005 he signed and published his last will and testament, naming his brother appellee Albert Glenn Caswell as executor, and revoking all previous wills. Simultaneously, testator executed a financial power-of-attorney in favor of executor as well as financial and healthcare powers-of-attorney in favor of Natalie Caswell, testator’s daughter from a previous marriage. The following month, testator expressly in writing revoked the power-of-attorney given to caveatrix.
Testator died on August 28, 2005. Executor petitioned to probate the last will and testament in solemn form. Caveatrix challenged the will on grounds of undue influence and lack of testamentary capacity. She also disputed the validity of an in terrorem clause contained in the will.1 After a hearing, the probate court ruled in favor of executor and admitted the will to probate. Caveatrix appealed to the superior court pursuant to OCGA § 5-3-2 a. She also filed a declaratory judgment action against executor, Natalie Caswell, and a landfill company owned by testator known as 81 Inert & Disposal, Inc. “81 Inert”.2 In that action, caveatrix sought a ruling that she is the sole shareholder and officer of 81 Inert and has control of its assets. Executor answered and counterclaimed seeking in part to set aside ten warranty deeds that caveatrix had signed shortly before testator’s death allegedly using her revoked power-of-attorney to transfer testator’s sole ownership in these properties to herself individually or to herself and testator as joint tenants; a declaration that caveatrix fraudulently transferred stock in 81 Inert to herself using the revoked power-of-attorney; and a declaration that the in terrorem clause is valid and that caveatrix violated that provision in the probate proceedings. The declaratory judgment action and the de novo appeal from probate court were consolidated and were heard by a jury.3 At the conclusion of the evidence, the trial court directed a verdict in defendants’ favor in the declaratory judgment action setting aside nine deeds on the basis that they had been executed by caveatrix using her power-of-attorney after it had been revoked.4 The jury returned a verdict in favor of defendants on the remaining claims, finding that the will is valid, that caveatrix had fraudulently transferred all outstanding shares in 81 Inert to herself, and that 81 Inert is owned by testator’s estate. The trial court entered judgment in accordance with OCGA § 9-11-54 b, and this appeal followed.
