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DURRENCE v. DURRENCE

32432.

239 Ga. 705 (1977)

238 S.E.2d 377

DURRENCE et al. v. DURRENCE.

Supreme Court of Georgia.

Decided September 7, 1977.

Rehearing Denied September 28, 1977.

Attorney(s) appearing for the Case

Richard D. Phillips, B. Daniel Dubberly, for appellants.

M. Francis Stubbs, for appellee.

UNDERCOFLER, Presiding Justice.

The issue presented in this case is whether a life tenant may cut timber from her estate or whether such an act constitutes waste.

D. L. Durrence died in 1960 and left a life estate in two tracts to his wife, Pearl — the 250 acre "homeplace" and the 434 1/2 acre "flatwoods" — with the remainder to their children. Segal and Bobby Durrence are two of the sons, and as remaindermen...

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