O'neal v. Wilkes

263 Ga. 850, 439 S.E.2d 490 (1994)

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Nature of the Case

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Facts

Hattie O'Neal's (P) mother died in 1957 when P was eight years old. P's biological father never recognized P as his daughter. After the death of her mother, P lived with a maternal aunt for four years. P was taken to live with a paternal aunt, Page, but was eventually sent to live with the testator. P lived with the Cooks for more than ten years, until 1975 when she was married. Mr. Cook referred to P as his daughter and her children as his grandchildren. After he died intestate, P claimed she was entitled to inherit, under equitable adoption. Wilkes (D), the executor of the estate, contested that claim. The court granted a judgment n.o.v. in favor of D; the paternal aunt who sent P to live with the Cooks, had no legal authority to enter into an adoption contract with the testator. P appealed.