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HOOD v. FIRST NATIONAL BANK

22154.

219 Ga. 283 (1963)

133 S.E.2d 19

HOOD et al. v. FIRST NATIONAL BANK OF COLUMBUS et al.

Supreme Court of Georgia.

Decided October 10, 1963.

Attorney(s) appearing for the Case

Roberts & Thornton, Ray, Owens, Keil & Hirsch, for plaintiffs in error.

Hatcher, Stubbs, Land & Rothschild, A. J. Land, Foley, Chappell, Young, Hollis & Schloth, Howell Hollis, J. Willard Register, contra.

DUCKWORTH, Chief Justice.

The sole issue here is whether the devise of more than one-third of the estate to charity is void. The testator left a wife and child, but the will was executed years before the death of the testator. A proper construction of Code Ann. § 113-107 will supply the answer. The relevant portion of that section is the first sentence which is, "No person leaving a wife or child, or descendants...

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