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Wills, Trusts & Estates keyed to Weisbord
O’Neal v. Wilkes
Citation:
439 S.E.2d 490 (1994)Facts
Hattie O’Neal was born out of wedlock in 1949 and raised by her mother, Bessie Broughton, until her mother’s death in 1957. Her biological father never recognized her, legitimized her, or provided support. After her mother’s death, O’Neal lived with her maternal aunt in New York for four years. In 1961, the maternal aunt brought O’Neal to Savannah, Georgia, and surrendered physical custody to a woman named Louise, who shortly thereafter determined she could not care for O’Neal. Louise took O’Neal to Estelle Page, O’Neal’s paternal aunt. After a short time, Roswell Cook and his wife came from Riceboro, Georgia to pick up O’Neal after Page informed them she knew of a child available. Although never formally adopted, Cook raised O’Neal, provided for her education, and she resided with him until her marriage in 1975. Cook referred to her as his daughter and her children as his grandchildren. When Cook died intestate in November 1991, the estate administrator refused to recognize O’Neal’s claim to inherit.
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