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  • Ray v. Hadaway et al.

    Publication Date: 2018-03-29
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Timothy King (Hodges, McEachern & King), Jonesboro, for appellant.
    for defendant: Eloise Hadaway, (c/o Hank Hadaway), Milledgeville; Sam Evans, Athens, for appellee.
    Case Number: A17A1417

    Triable Issues As To Whether Decedent's Grandson Had Fiduciary Duty to Restore Co-Owned Property to Decedent's Sole Ownership

  • Faison et al. v. Faison

    Publication Date: 2018-03-23
    Practice Area: Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: W. Meeks (Attorney at Law), Leesburg, for appellant.
    for defendant: John Hadden (Turkheimer & Hadden, LLC), Atlanta; John Cotton (Cotton Law Firm, P.C.), Cordele, for appellee.
    Case Number: A17A1610

    Trial Court Erred In Failing to Determine Heirs Property Before Ordering Mediation in Partition Dispute

  • Piccione et al. v. Arp et al

    Publication Date: 2017-11-06
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: W. Wright Gammon, Jr. (Gammon, Anderson & McFall), Cedartown, for appellant.
    for defendant: Vickey Robinson Atkins (Atkins Law PC), Rockmart; James Steven Astin (Attorney at Law), Cedartown, for appellee.
    Case Number: S17A0782

    The trial court properly denied plaintiffs' motion for summary judgment in their action arising out of the distribution of their grandmother's estate, because the will imposed a requirement that the individuals named take the bequests in their own stead, that those bequests not pass through representation, and that the named individuals must survive the testator; accordingly, plaintiffs were not entitled to receive their late mother's interest in the estate.

  • Robert H. McNair, As Co-Executor of The Estate of W. O. McNair v. Richard

    Publication Date: 2017-10-18
    Practice Area: Attorney Compensation | Trusts and Estates
    Industry:
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Stuart Walker, Amy Fletcher (Martin Snow, LLP), Macon, for appellant.
    for defendant: Cheryle Bryan (Attorney at Law), Ashburn; William Gregory (Attorney at Law), Vienna; Dustin Land (Bryan and Land, LLC), Ashburn, for appellee.
    Case Number: A17A0961

    The trial court erred in awarding attorney fees to appellant in a will contest because the superior court made several findings of fact based on conduct that occurred while the case was under the jurisdiction of the probate court, prior to the appeal of the probate court's order to the superior court, and there was nothing in the record to show that motions appellant's counsel filed lacked merit or were frivolous and no evidence to support a finding that appellant conducted himself improperly in the superior court, unnecessarily expan

  • Hobbs v. Winfield, Admrx. et al.

    Publication Date: 2017-09-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Russell Henry Hippe III (Law Office of Russell H. Hippe), Atlanta, for appellant.
    for defendant: Elizabeth Williams Winfield (Law Office of Elizabeth Williams Winfield LLC), Peachtree City; Cynthia Rodney, Titusville; Jane Glaze Horton, Jonesboro; Robert T. Romeo (Brown & Romeo), Jonesboro, for appellee.
    Case Number: S17A0720

    The probate court did not err in finding the testator's will was not made in contemplation of future children and was thus invalidated by the birth of children after the execution of the will.