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EVANS v. PALMOUR

No. S01A1007.

553 S.E.2d 585 (2001)

274 Ga. 283

EVANS et al. v. PALMOUR.

Supreme Court of Georgia.

October 1, 2001.

Attorney(s) appearing for the Case

Kilpatrick Stockton, Matthew H. Patton, A. Kimbrough Davis, Jill Warner, Atlanta, for appellants.

Albert C. Palmour, Jr., Johnny R. Dennis, Summerville, Parker, Hudson, Ranier & Dobbs, G. Wayne Hillis, Aaron W. Lipson, Atlanta, for appellee.

SEARS, Presiding Justice.

This appeal is brought from the probate court's ruling upholding a 1990 will made in contemplation of a subsequent marriage. The relevant precedent of this Court, the relevant sections of the Georgia Code, and learned treatises on this subject all provide that when a will clearly states it is made in contemplation of a subsequent marriage and it is the testator's intention that the will not be automatically revoked upon such marriage, the...

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