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Long v. Waggoner

There was no evidence the granddaughter exerted undue influence over her grandmother to obtain a one-half interest in 80 acres of pasture land because the evidence showed that the grandmother was a strong-willed and independent woman capable of providing for her own shelter and care and responsible for her own affairs.

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Appellant Paul Long appeals the trial court’s grant of summary judgment to appellee Sherry Waggoner, claiming that the trial court erred in overlooking issues of disputed material fact concerning appellee’s alleged undue influence over a grantor of real property. Appellant also argues that the trial court erred in ruling that an earlier will of the grantor, which appellant claims prohibited the property transfer, was joint rather than mutual and hence subject to revocation. Having reviewed the record, we conclude that appellant’s claims of undue influence are based upon speculation, and that there is no disputed evidence of material fact that should have forestalled the trial court’s grant of summary judgment to appellee regarding that particular issue. Moreover, we conclude that the evidence of record clearly shows that the will at issue was not mutual, and hence could be revoked by the testator in order to avoid any conflict with the land transfer. Therefore, we affirm.

Appellant Long “son” is the only son of Virgil and Vera Long. Appellee Waggoner “granddaughter” is appellant’s daughter, and the granddaughter of Virgil and Vera Long. Between 1986 and 1989, Virgil and Vera Long gave their granddaughter Waggoner approximately one acre of land and some cash to build a home next door to their own home. Virgil and Vera Long also gave their son Long a home, cash, and a large parcel of property near their own home.

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