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Ham v. Ham

Decedent's wife and executrix could offer her lay opinion that decedent's signature on a document which purportedly release defendants' from a $50,000 debt was forged.

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Sarah Ellen Ham, as the executrix of the estate of her husband, James Amos Ham, sued her nephews, Phillip and James Ham, to collect on a bill of sale to secure a debt. The nephews admitted executing an agreement to pay the decedent $50,000 for 200 head of beef cattle, but claimed the debt had been satisfied. The nephews presented a document purportedly signed by James Amos Ham releasing them from the debt in exchange for $32,000. Even though the executrix claimed her husband’s signature was forged, the superior court granted the nephews’ motion for summary judgment, which was based upon the defense of accord and satisfaction. The executrix appeals, contending that material issues of fact remain for jury resolution. We agree and reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. We apply a de novo standard of review to an appeal from a grant of summary judgment, and view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Insurance Corp., 226 Ga. App. 459 1 486 SE2d 684 1997. Viewed in this light, the record reveals the following relevant facts.

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