McCLELLAND v. JOHNSON

18793.

211 Ga. 348 (1955)

86 S.E.2d 97

McCLELLAND et al., by guardian, v. JOHNSON et al., executors, et al.

Supreme Court of Georgia.

Decided February 15, 1955.


Attorney(s) appearing for the Case

McCurdy & Candler, J. Robin Harris, for plaintiffs in error.

Powell, Goldstein, Frazer & Murphy, Jones, Hocker, Gladney & Grant, George S. Rondebush, contra.


HEAD, Justice.

The testator by the terms and provisions of Item 4 (A) of his will established a "marital trust," and by Item 4 (B) established a "residuary trust." The trial judge gave effect to the will as it was written, and as shown by the quoted excerpt in the statement of facts from Item 4 (A), by reducing the amount subject to the marital trust by one-half of the estate passing directly to the wife. The plaintiffs in error, under the construction contended for...

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