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NAT. BANK OF GA. v. FIRST NATIONAL

30021, 30022, 30041, 30042, 30055, 30056.

234 Ga. 734 (1975)

218 S.E.2d 23

NATIONAL BANK OF GEORGIA v. FIRST NATIONAL BANK OF ATLANTA et al. GARDNER v. FIRST NATIONAL BANK OF ATLANTA et al. STORCH et al. v. FIRST NATIONAL BANK OF ATLANTA et al. WARNER v. FIRST NATIONAL BANK OF ATLANTA et al. DORSEY v. FIRST NATIONAL BANK OF ATLANTA et al. CADENHEAD v. FIRST NATIONAL BANK OF ATLANTA et al.

Supreme Court of Georgia.

Decided July 2, 1975.

Attorney(s) appearing for the Case

William J. Linkous, Jr., for National Bank of Georgia.

Hansell, Post, Brandon & Dorsey, John H. Boman, Jr., Howard O. Hunter, for First National Bank of Atlanta.

Cory, Del Bello & Dowling, Joseph Gardner, III, for Gardner.

Alston, Miller & Gaines, Robert G. Edge, for Storch.

Westmoreland, Hall, McGee & Warner, C. Wilbur Warner, Jr., for Warner.

Hugh M. Dorsey, III, for Dorsey.

A. Paul Cadenhead, for Cadenhead.

Bell & Desiderio, Robert J. Abrams, for Lois Norris.

King & Spalding, James M. Sibley, Neill G. McBryde, for Virginia Kiser.

Powell, Goldstein, Frazer & Murphy, James N. Frazer, Frank T. Davis, Arthur Howell, William L. Pressley, Hal L. Smith, William C. Wardlaw, for First Presbyterian Church.

Henry L. Bowden, for Craft.

Gordon P. Kiser, Jr., pro se.

NICHOLS, Chief Justice.

These cases involve the construction of the last will and testament of Jennie English Kiser. The primary question to be decided is whether or not the trial court correctly held that Item VIII of the will violates the rule against perpetuities. Code § 85-707.

Item VIII of the will, with each sentence numbered by the court for ease of reference, is as follows: "[1] All the rest and residue of my estate, of every kind and character...

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