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BEYNES v. BROOKE

22056.

219 Ga. 140 (1963)

132 S.E.2d 42

BEYNES, Executrix, et al. v. BROOKE, Executrix, et al.

Supreme Court of Georgia.

Decided June 20, 1963.

Attorney(s) appearing for the Case

Soons & Soons, William R. Soons, Jones, Sparks, Benton & Cork, A. O. B. Sparks, Jr., for plaintiffs in error.

Hansell, Post, Brandon & Dorsey, Allen Post, W. Rhett Tanner, Alex W. Smith, Jr., Smith, Field, Ringel, Martin & Carr, Smith, Kilpatrick, Cody, Rogers & McClatchey, Edwin L. Sterne, Ware & Sterne, John L. Westmoreland, Jr., D. R. Cumming, Jr., Eugene Cook, Attorney General, James II. Therrell, Benjamin L. Johnson, Assistant Attorneys General, contra.

CANDLER, Justice.

Louis S. Brooke, a residents of Fulton County, Georgia, executed his last will and testament on February 7, 1959, and died on April 5 of that year. He was survived by Mary Frazier Brooke, his wife, and Richard T. Brooke, his son. His will was probated in solemn form in the Court of Ordinary of Fulton County and Mary Frazier Brooke and the Trust Company of Georgia qualified as executrix and executor respectively of his estate. By item 1 (b) of his...

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