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HARGROVE v. RICH

No. S04A1125.

604 S.E.2d 475 (2004)

278 Ga. 561

HARGROVE et al. v. RICH et al.

Supreme Court of Georgia.

October 25, 2004.

Attorney(s) appearing for the Case

James, Bates, Pope & Spivey, Thomas C. James, III, Macon, for appellants.

Ralph F. Simpson, Hall & Williamson, Michael C. Hall, for appellees.

HUNSTEIN, Justice.

In her last will and testament, Cecil H. Rich, the mother of Frances Rich and appellee Jack Rich, granted a power of appointment over one-fourth of her estate to Frances by providing in Item III(B):

[Frances] shall have the power at any time and from time to time, by instrument in writing signed by her and delivered to the Trustees, or at death by her Last Will and Testament, making express reference to this power, to direct the Trustees...

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