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CLEMENTS v. WEAVER

No. A09A1033.

687 S.E.2d 602 (2009)

CLEMENTS v. WEAVER.

Court of Appeals of Georgia.

Reconsideration Denied December 4, 2009.

Attorney(s) appearing for the Case

Jones & Erwin, Anthony B. Erwin, Calhoun, for appellant.

Brunt & Hood, Thomas N. Brunt, Lance T. McCoy, Atlanta, for appellee.

BERNES, Judge.

This case arises out of a dispute over whether the decedent, Vivian Weaver Waits, entered into an oral contract to make a will leaving her son, Edward Gerald Weaver, the family farm. Following the decedent's death in 2004, Jolene Clements, the executrix of the decedent's estate, sued Weaver in order to obtain a declaration that there was no valid contract between the decedent and Weaver that took precedence over the terms of the will. Weaver counterclaimed...

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