Newton v. Lawson, s. A11A1410

• Decision Date: 29 November 2011
• Docket Number: Nos. A11A1410,A11A1411.,s. A11A1410
• Citation: 720 S.E.2d 353,313 Ga.App. 29,11 FCDR 3944
• Parties: NEWTON v. LAWSONLawson et al. v. Lawson.
• Court: Georgia Court of Appeals

11 FCDR 3944
313 Ga.App. 29
720 S.E.2d 353

NEWTON
v.
LAWSONLawson et al.
v.
Lawson.

Nos. A11A1410

A11A1411.

Court of Appeals of Georgia.

Nov. 29, 2011.

[720 S.E.2d 354]

Hall & Kirkland, Joseph M. Hall, for appellant (case no. A11A1410).

Ronald W. Hallman, for appellant (case no. A11A1411).

Brown, Rountree & Stewart, George Holland Rountree, Jesse A. Van Sant, Statesboro, for appellee.ADAMS, Judge.

[313 Ga.App. 29] Jason and John B. Lawson III (collectively the “Lawsons”) intervened in an existing lawsuit filed by appellant Danny Doy Newton for specific performance of a contract to make a will. The complaint asserted that Syble Lawson promised to leave Newton a life interest in her estate, with the remainder interest to her grandson Jason Lawson, in return for services provided by Newton, giving rise to an enforceable contract to make a will (the “Will Contract”). In these companion appeals, the Lawsons and Newton appeal the trial court's final judgment, following a bench trial, in favor of Christy B. Lawson, as the executor of Syble Lawson's estate.¹

The Lawsons filed a recent, related appeal in the Supreme Court of Georgia, in which they contested Syble Lawson's 2004 will (the “2004 Will”). The Supreme Court explained the underlying factual basis of that appeal, as follows:

Appellants John and Jason Lawson are the son and grandson of Syble Lawson, who died in December 2005 at age 73. Her June 2004 will left her entire estate to her other son, appellee Christy “Chris” Lawson; he was also named her executor. Appellants filed a caveat to the probate of this will as did Danny Newton (not a party to this appeal), who lived with testator for the last ten years of her life. Appellants asserted, inter alia, that the 2004 will was the product of undue influence, and Newton petitioned the probate court to probate a document purporting to be testator's 2000 will, under which Newton was left a life estate in testator's realty and the remainder interest went to appellant Jason Lawson, along with certain other bequests. After a hearing, the probate court established the 2004 will as testator's last will and testament and held the 2000 will to be revoked.

Lawson v. Lawson, 288 Ga. 37, 701 S.E.2d 180 (2010). The Supreme [313 Ga.App. 30] Court affirmed the probate court's judgment validating the 2004 Will after finding no evidence in the record that Christy Lawson exerted undue influence on Syble Lawson. Id. at 38(1), 701 S.E.2d 180. In this case, Newton and the Lawsons rely upon Syble Lawson's 2000 Will, a health care Durable Power of Attorney executed the same day, and a handwritten memorandum (the “Notes”) discovered after her death to support their claim of a will contract.

The evidence showed that Newton met Syble Lawson in either 1995 or 1996 and subsequently moved into her home. Their relationship lasted until her death in 2005. Newton testified that in 1998 or thereafter Syble Lawson began indicating that she would leave him a life interest in her house (provided he did not remarry); income from her pine straw business; income from a rental trailer; the right to harvest timber, which

[720 S.E.2d 355]

he would share with Jason Lawson; and the right to receive certain personalty. In consideration for these promises, Newton agreed to care for Syble, to care for her dog and to perform upkeep and maintenance of the house and farm. Newton testified that in 2002 he gave up his job as a maintenance foreman at an apartment complex with a salary of $500 per week to care for Syble Lawson after she was diagnosed with breast cancer. Newton stated that he cared for Syble Lawson until her death and continued to care for her dog following her death. He also remodeled Syble Lawson's rental trailer, added a room onto the house and cleaned and maintained the property. He contends that these actions were undertaken pursuant to the Will Contract.

Newton asserts that the 2000 Will “essentially tracks” his agreement with Syble Lawson. That will left Newton a life estate in the house and the land “provided he lives alone,” with a remainder interest in Jason Lawson. Newton also received income from the trailer and pine straw, and he shared the proceeds from any harvested timber with Jason Lawson. The Durable Power of Attorney for health care appointed Jason Lawson, Syble Lawson's neighbor, Corinne McMillian and Newton as her agents for making decisions about her health care. The Notes upon which Newton and the Lawsons rely are undated and unsigned but appear to be in Syble Lawson's handwriting. The Notes largely correspond with the terms of her 2000 Will with regard to the property left to Newton and Jason Lawson, but are not entirely consistent. For example, the Notes indicate that he should share the income from the pine straw with Jason Lawson, while the Will gives him all the income. The Notes also list various bequests of personal property that are not a part of the Will Contract and that differ somewhat from the 2000 Will. Although both the 2000 Will and the Notes indicate that Newton would care for the dog after her death, they do not address any obligations he had prior to her death. Newton did not see either the [313 Ga.App. 31] 2000 Will or the Notes until after Syble Lawson died.

Significantly, although Newton was not named in Syble Lawson's 2004 Will, the evidence at trial demonstrated that he received a $50,000 certificate of deposit (“CD”) made payable to him on her death independent of any will. This CD is not mentioned in the Notes, nor is it a part of the Will Contract. Moreover, Newton acknowledged that Syble Lawson paid his living expenses until her death and paid him $100 per month out of the rental income from the trailer.

Christy Lawson testified at trial that on several occasions Syble Lawson stated, in Newton's presence and hearing, that Christy Lawson would inherit the farm. On those occasions, Christy Lawson says that Newton never protested based upon the Will Contract.

“A contract to make a will, supported by valuable consideration, is valid. An oral contract to make a will also may be valid and enforceable if entered into before January 1, 1998.... However, such a contract must be definite, certain, and precise...