O'NEAL V. WILKES
263 Ga. 850, 439 S.E.2d 490 (1994)
NATURE OF THE CASE: This was an appeal from a judgment n.o.v. that reversed a jury
determination of an equitable adoption.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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