Lee v. Swain
Annotate this Case
Eloise Collins died in 2006. In July 2007, Lydia Swain, Collins’ goddaughter, filed a petition to probate two instruments alleged to be Collins’ will: an unwitnessed letter written in 1999 detailing how Collins wanted her property distributed after her death and a partially filled-out commercial will form that, while properly witnessed, did not address distribution of property. A number of Collins’ first cousins (collectively, Lee) challenged the will and the trial court initially granted judgment on the pleadings in their favor, finding that the two documents could not form a valid will. Swain appealed and the Supreme Court held that there was a genuine issue of material fact as to whether the two documents, considered together, created a valid will. On remand, a jury found that the two instruments were indeed “the true Last Will and Testament of Eloise Harley Collins.” Lee appealed, claiming that the trial court erred by failing to grant summary judgment or a directed verdict, improperly instructing the jury on the law regarding codicils, and refusing to include a number of requested instructions in its charge to the jury. Upon review, the Supreme Court disagreed and affirmed the trial court’s verdict in favor of Swain.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.