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IN THE PROBATE COURT PCROOwBEA'7""f

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

FINAL ORDER FOR PETITION TO PROBATE WILL IN SOLEMN FORM

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

presented, it is liereby determined:

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

sleep at lier previoris domicile ever again.

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

Last Will and Testament.

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

to tlie Caveators as the primary beneficiaries.

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

grandfatlier away from her.

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

liospitalized overniglit due to alcoliol overdose.

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

been in place, rinchanged, for many years.

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

(621 SE2d724) (2005).

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

rindrie influence and lack of capacity to make the Will.

80 0RDERED this 12"1 day of December, 2017.


IN THE PROBATE COURT
COUNTY OF COWETA
ST ATE OF GEORGIA

IN RE: EST ATE OF

JOSEPH ROBERT WINGO, EST ATE N0. 2016-490


DECEASED

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

to Probate Will in Soleim'i Form to the following paities:

Micliael E. Srirm'ier, Esq.


14 East Broad Street
Newnan, Georgia 30263

Pliilip P. Grant, Esq.


100 Habersliam Drive
Fayetteville, Georgia 30112

Tliis 13"1 day of December, 2017.

6.
erk of tlie Pr bate Corirt
200 Corirt Sqriare
Ne'vvnan, Georgia 30263
(770) 254-2640

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