Case Problem with Sample Answer James Lillard’s fi rst wife had a child whom James adopted when he married the child’s mother. James fathered other children with her until they divorced in the early 1970s. In 1975, James married his second wife. During this marriage, neither spouse adopted the other’s children, so each spouse’s biological children remained the other’s stepchildren. James’s second wife died in 2002, and he was diagnosed with terminal cancer in January 2004. In February, he executed a will that divided his property equally among all of his children and stepchildren. By October, James was living with his children, who managed his fi nances and administered his prescribed drugs, which impaired him mentally and physically. A hospice worker noted that on October 5 James had diffi culty completing sentences and was forgetful. A visitor two days later described him as

“morphined up.” On this same day, he tore his fi rst will in half and executed a new will that left most of his property to his children. James died on October 19. His children submitted the second will to a Georgia state court for probate. His stepchildren objected, alleging, in part, that at the time of the second will’s execution, James lacked testamentary capacity. His children responded that the fi rst will had been validly revoked.

Which will should be declared valid? Why? [Lillard v. Owens, 281 Ga. 619, 641 S.E.2d 511 (2007)]

—After you have answered Problem 37–5, compare your answer with the sample answer given on the Web site that accompanies this text. Go to www.cengage.com/blaw/blt, select “Chapter 37,” and click on “Case Problem with Sample Answer.”