Smith v. Ashford

THOMPSON, Chief Justice.

Jay Richard Smith (Smith) died testate on October 29, 2013, survived by his wife, Kathy Kristina Smith, appellant in this case, and the couple’s two minor daughters. At the time of his death, Smith was the beneficiary of the Jay Richard Smith Irrevocable Trust (the “Trust”) established by his parents, the provisions of which granted Smith an unrestricted testamentary power of appointment of the Trust assets remaining after his death. Following Smith’s death, appellant filed a petition to probate Smith’s will dated September 5, 2013 (the “Will”) in Gwinnett County…