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Pope v. Fields

The appointment of a guardian for the decedent did not destroy her right or ability to change her will.

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Executrix Martha Joyce Fields filed a petition to probate in solemn form the 1994 will of her sister, Nola Zoedell New. Their brother, Royce O. Pope, filed a caveat on the grounds of lack of testamentary capacity, undue influence, monomania, mistake of fact, and fraud and deceit. At the end of a four-day trial, the jury returned a verdict finding that the 1994 will should be admitted to probate. Pope challenges three evidentiary rulings, the jury’s verdict, and the trial court’s rulings on the motions for a directed verdict. Because Mrs. New’s deposition testimony from a related case was admissible under OCGA § 24-3-10 and the evidence supports the jury’s verdict, we affirm.

The evidence presented at trial shows that Pope moved into Mrs. New’s house in the late 1980′s and began handling her financial affairs after she had surgery in 1991. In 1992 Pope hired an attorney, Barry Broome, who prepared a revocable living trust, durable power of attorney, durable power of attorney for health care, a will, and quit claim deed. An insurance agent picked up the documents, had Mrs. New sign them at her home, and returned them to Broome. No one explained to Mrs. New that the documents transferred all of her personal and real property to the Royce O. Pope Revocable Trust with no restrictions. In early 1994, Mrs. New began calling her banks and asking why she did not have any money in her accounts. She consulted an attorney who drafted a complaint against Pope, but Mrs. New decided not to go forward with the lawsuit at that time. During the summer, both Pope and his daughter Missy Chapman, whose family had moved in with Mrs. New in 1993, verbally and physically abused Mrs. New.

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