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SWANSON v. SWANSON

No. S98A1615.

514 S.E.2d 822 (1999)

270 Ga. 733

SWANSON v. SWANSON et al.

Supreme Court of Georgia.

Reconsideration Denied April 1, 1999.

Attorney(s) appearing for the Case

John M. Graham III, Mather Daniel Graham, Shaw, Maddox, Graham, Monk & Boling, LLP, Rome, Marshall M. Bandy, Jr., Bandy & Stagg, P.C., Ringgold, for Laura C. "Peggy" Swanson.

Everett Layne Hixson, Jr., Jane McNeil Stahl, Shumacker & Thompson, P.C., Chattanooga, TN, for Dewey Swanson et al.

FLETCHER, Presiding Justice.

The issue in this appeal is whether Laura C. "Peggy" Swanson inherits from her deceased husband Bennie Swanson the remainder interests he had in trusts created by his father. Because Bennie Swanson's remainder interests vested before his death and conditions subsequent contained in the trust provisions did not occur before the life beneficiary of the trusts died, Bennie's vested remainder was not defeased and instead passed according to...

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