Brooks v. Julian

Sears, Justice.

Emma Lou Brooks and Sherrill Sheffield, propounders of the 1994 will of their mother, Lynell Moore, appeal the trial court’s judgment denying probate based upon the jury’s finding that the will was procured by undue influence. Having closely reviewed the record, we conclude that because there was insufficient evidence to support the jury’s finding, the trial court erred in denying the propounders’ motion for judgment notwithstanding the verdict. Therefore, we reverse.

Until 1991, Lynell Moore lived alone in rural Montgomery County, Georgia, while three of her four adult…