Legal Opinion

Irvin v. Askew

Supreme Court of Georgia

Decided July 6, 1978No. 33726PublishedCited by 27 opinions

1Opinion of the Court

Undercofler, Presiding Justice.

George Irvin filed a caveat to the probate of his deceased wife’s will on the grounds of undue influence and mental incapacity. The trial court directed a verdict in favor of the propounder and Irvin appeals. We affirm. We do not find sufficient evidence to create a jury issue on either ground.

When Ellie and George Irvin were married in 1948, she was 62 years of age and a widow and he was 37. They pooled their resources, and over the years acquired a sizable estate, which, in March, 1976, they divided between them at her insistence. Her estate is estimated at…

2Cases cited5 opinions

  1. Thornton v. HulmeSupreme Court of Georgia · 1962
  2. Mallis v. MiltiadesSupreme Court of Georgia · 1978
  3. Powell v. ThigpenSupreme Court of Georgia · 1973
  4. White v. IrwinSupreme Court of Georgia · 1965
  5. Cobb v. ThompsonSupreme Court of Georgia · 1976

3Cited by27 opinions

  1. Felix v. StateSupreme Court of Georgia · 1999
  2. MacDonald v. MacDonaldCourt of Appeals of Georgia · 1980
  3. City of College Park v. Georgia Power Co.Court of Appeals of Georgia · 1988
  4. State v. CrappCourt of Appeals of Georgia · 2012
  5. Eunice v. Citicorp Homeowners, Inc.Court of Appeals of Georgia · 1983

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