Ga. court rules against millionaire's mistress - Yahoo! News: "By DIONNE WALKER, Associated Press Writer Dionne Walker, Associated Press Writer – Mon Oct 19, 2:07 pm ET
ATLANTA – The Georgia Supreme Court ruled unanimously Monday against the mistress of a millionaire, saying she is not entitled to receive $7,900 a month for the rest of her life as provided under amendments to his will.
The court ruled 7-0 that Anne Melican should not receive the monthly payment, and that she also is not entitled to property in Florida and Cape Cod, Mass., as provided by the late Harvey Strother in amendments to his will signed between 2000 and his 2004 death.
The ruling overturns a decision last summer that had upheld the monthly allowance, despite his family's insistence that when he died, Strother was a fragile alcoholic who Melican conned into changing his will.
Part of the case hinged on the testimony of two home nurses who cared for Strother and signed as witnesses to the amendments, but later confessed they hadn't witnessed anything.
Monday's ruling nullified the women's signatures and voided the amendment, known in legal terms as a codicil.
'We conclude the first codicil was not properly executed,' Justice Hugh Thompson wrote.
Justices also upheld a decision denying Melican ownership of a Cape Cod home, and a Florida property and boat slip. The court was not asked to rule on an amendment granting her a condominium in Marco Island, Fla., an issue that will go before a different court.
Strother died at 79, a multimillionaire who made his fortune with a small empire of Atlanta-area car dealerships."
Wednesday, October 28, 2009
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As a person who is interested in estate planning this case shows the importance of proper documentation. Just as in any contract, the documentation should be clear, legal and unambiguous. The fact that the signitures were not witnessed had a major impact on the outcome of the amendment to the will. Who knows if the old gentleman actually really signed this document. The outcome would have been completely different if the letter of the law had been followed.
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