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Harper v. Harper

The caveator failed to rebut evidence that the testator acted of his own free will when he bequeathed the majority of his estate to the propounder of the will who was only one of his three surviving sons.

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Denver Harper Testator devised and bequeathed the majority of his estate to Russell Harper, Sr. Propounder, who was only one of his three surviving sons. A disinherited son, Travis Harper Caveator, filed a caveat to the will. Caveator contended that Propounder’s son, Russell Harper Jr. Grandson, misled his grandfather into believing that Caveator stole a large sum of money which Testator had buried in his yard. According to Caveator, Testator, upon hearing from Grandson that Caveator purchased several tractor-trailer trucks, erroneously concluded that Caveator was the thief and, therefore, rewrote the will so as to benefit Propounder.

By consent of both parties, an immediate appeal was taken to the superior court. See Brown v. Anderson, 13 Ga. 171, 172 4 1853. After extensive discovery, the superior court granted summary judgment in favor of Propounder. Caveator appeals from that order.

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