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CITIZENS & SOUTHERN NATIONAL BANK v. MARTIN

35354.

244 Ga. 522 (1979)

260 S.E.2d 909

CITIZENS & SOUTHERN NATIONAL BANK v. MARTIN.

Supreme Court of Georgia.

Decided October 23, 1979.

Attorney(s) appearing for the Case

Westmoreland, Hall, McGee, Warner & Oxford, C. Wilbur Warner, John L. Westmoreland, Jr., for appellant.

J. Ralph McClelland, Jr., for appellee.

UNDERCOFLER, Presiding Justice.

This case raises two questions involving Georgia's mortmain statute. Code § 113-107. The statute has been construed to apply only to charitable devises made during 90 days preceding death. Hood v. First Nat. Bank of Columbus, 219 Ga. 283 (133 S.E.2d 19) (1963). Here the testator made his will more than 90 days prior to death but republished it by codicil...

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