Caveator
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Smith v. Wyatt - Presumption of the probate court’s correctness in the absence of a hearing transcript
Posted: January 21st, 2008 by Gaslowitz Frankel LLCSmith v. Wyatt 1
The decedent’s sister filed a caveat alleging that the decedent lacked testamentary capacity and had been unduly influenced by the executor. The caveat also claimed that the person named as sole heir was neither the natural nor adopted child of the decedent, thereby making the caveator the decedent’s sole heir-at-law. After a hearing that was not transcribed, the probate court issued an order dismissing the caveat because the caveator failed to prove that the child was not the decedent’s heir-at-law and thus the caveator lacked standing to caveat the will. Upon appeal, the Supreme Court held that in the absence of a hearing transcript, there was a presumption of correctness to the probate court’s determination.
1 2008 WL 65452 (Ga.)
| Related News | Caveat, Caveator, Civil Appeals, Decedent, Executor, Heir, Testamentary Capacity, Will Disputes, Will and Estate Disputes |
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