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OUNTY
cOURT
COUNTY OF COWETA
ST ATE OF GEORGIA DEC
'2 20t;t
IN RE: EST ATE OF F/LED
JOSEPH ROBERT WINGO, EST ATE N0. 2016-490
DECEASED
THIS MATTER having come before tliis Corut on November 7, 2017 regarding tlie
Petition to Probate Will in Soleimi Form and all interested parties l'iaving been served and iiaving
l'iad tl'ie oppoitunity to respond to the Petition, and tlie Corut liaving considered the evidence
FINDINGS OF FACT
Jane Evelyn Kemiedy, ("Petitioner") named Executrix of tlie Last Will and Testament of
Josepli Robeit Wingo ("Decedent") filed a Petition to Probate Will in Soleimi Form and tlie
Purported Last Will and Testament of Joseph Robert Wingo. A Caveat was filed by Josepli
Caine Wingo and Karley Ellen Walker, lieirs at law of tlie Decedent. ("Caveators"). Tlie
Caveators contested tlie will on the grounds of ru'idue influence and lack of testamentary
capacity.
The Petitioner testified that slie had known of the Decedent as a young girl when he was
a higli scliool friend of lier brotlier but liad n"ioved from tlie state of Georgia in 1972 or 1973.
Slie retumed to tlie state of Georgia in 2012 and began living witli anotl'ier man while slie was
still married to lmsband munber five (#5). Sl'ie stated tl'iat slie had begun texting witli tlie
Decedent in February 2016 and that tliey did not meet in person rintil tlieir first date at Longliorn
Steakhorise the week prior to Easter 2016 (Marcli 27, 2016). Slie fuitlier stated tliat slie went
liome witli tlie Decedent the niglit of tlieir first date and tliat lier 10 year old son accompanied
them. Slie stated tl'iat she moved in to the Decedent's home on that niglit and did not return to
The Petitioner tlien went on to establisli a confidential relationsl'iip with tl"ie Decedent on
or aborit April 9, 2016 by asking tlie Decedent to open a banking accorint solely in liis name
utilizing l'ier moi'iies and Social Secririty monthly deposits. The accoruit was payable upon deatl'i
to lier.
On May 12, 2016 the Decedent changed the execrttor and primary beneficiary of lffs Last
Will and Testament from his children (Josepli Caine Wingo and Karley Ellen Walker) to the
Petitioner. On May 16, 2016 he changed tl'ie primary beneficiary of liis Three Hundred
Tliorisand Dollar ($300,000.00) life insurance policy to tlie Petitioner. The Petitioner testified
that she was present wlien tl'ie Decedent clianged the insurance policy and wlien he changed tlie
The owner of tl-ie insurance grorip, William McCallagl'i, that issued the insurance policy
stated under oatli that l'ie l'iad originally written tlie $300,000.00 policy for the decedent on
October 8, 1996 and tliat it was a twenty (20) year policy set to expire on October 8, 2016. He
furtlier stated that only one previous cliange liad been made to tlie policy and that was on
November 4, 2014 after tlie death of tlie Decedent's second wife. Tlie policy was then cliai'iged
Tlie drafting attorney, Steven Ott, Esq., testified tliat he does not normally practice estate
and will work and tliat tlie decedent had discussed the changes to liis will witli his paralegal.
Corut testunony of tlie Caveators' and tlie Decedent's first wife stated tliat prior to tlie
Decedent meeting tlie Petitioner he was depressed after tlie deatli of liis second wife in October
2014 and tliat lie often drank to excess. Tlie Decedent's son, Josepli Caine Wingo, stated tliat liis
father drank every day and would o:tten consume a large bottle of vodka witliin a two (2) day
period. He also stated that during times of depression the Decedent had threatened to kill himself
three (3) or forir (4) times m'id that he liad had to remove all tlie aimnunition from the Decedent's
liome. He fiirther stated that once the Decedent met the Petitioner lie saw his father less and less
and that he was rinable to speak to his fatlier tlie last three (3) weeks prior to tlie Decedent's
deatli.
The Decedent's granddaughter ("Brooke") stated rinder oath tliat she had rekindled a
relationship with lier grandfatlier in 2014 and tliat she talked to liim almost every day. Slie stated
that lie worild drink for days and days and would not eat. Slie also stated tliat tlie Decedent told
her that he regretted the past and tliat l'ie did not want to live anymore. Slie testified that she saw
tlie Decedent less after he met tlie Petitioner and tliat she felt that tlie Petitioner was taking l'ier
Tlie Petitioner testified tliat 011 August 16, 2016 she had called tlie police on the decedent
becarise lie was drinking and acting erratic and had stopped taking his medications. He was
The Decedent chose to end lms life on September 19, 2016, six (6) months after meeting
the Petitioner and less tlian one (1) montli prior to tl'ie expiration of l'iis life insurance policy.
CONCLUSIONS OF LAW
Tlie testimonies at tlie liearing sliow tliat tlie Decedent appeared to sriffer from a
diminislied mental capacity and weakened mind broriglit on by ai'i excessive rise of alcoliol after
the death of his second wife two (2) years prior and tliat he had a history of verbally threatening
sriicide.
It would appear to the Court that the Petitioner who was not a natural object of the
decedent's estate ingratiated herself into his life within a significantly brief amount of time.
During the last six (6) months of the Decedent's life lie abruptly and ruicharacteristically cliose to
change the beneficiaries of both his Last Will and Testament and life insurance policy wl'iicl'i had
Undrie influence may be sliown by a wide range of evidence, "as such influence can
seldom be sliown except by circumstantial evidence." Sulliiian v. Sullivcm, 273 Ga. 130, 132
(539 SE2d 120) (2000). Fuitliermore, "evidence sl'iowing that a testator has a weakened mental
state is relevant to the issue of rindue influence, as the influence necessary to dominate a weak
mind is less than tliat necessary to dominate a strong one." Trotincm v. Forrester 279 Ga. 844
THEREFORE, IT IS HEREBY ORDERED tliat tlie probate of tlie purpoited Last Will
and Testament of Joseph Robeit Wingo dated May 12, 2016 is liereby DENIED based upon
CERTIFICATE OF SERVICE
I certify tliat I liave on tliis date mailed, rinless otherwise noted, in an envelope with tlie
proper postage affixed thereto for first-class i'iiail delivery, a copy of tlie Final Order for Petition
6.
erk of tlie Pr bate Corirt
200 Corirt Sqriare
Ne'vvnan, Georgia 30263
(770) 254-2640