FIRST NAT. BANK OF BRUNSWICK v. STEWART

20471.

215 Ga. 141 (1959)

109 S.E.2d 606

FIRST NATIONAL BANK OF BRUNSWICK, Executor, et al. v. STEWART.

Supreme Court of Georgia.

Decided June 5, 1959.


Attorney(s) appearing for the Case

Nightingale & Liles, for plaintiffs in error.

Ronald F. Adams, contra.


WYATT, Presiding Justice.

The question presented here for decision is whether, under the provisions of the will of Valeria Hill Stewart, set out in the statement of facts, the two named persons were vested with a fee-simple interest upon the death of Valeria Hill Stewart, or whether there was a resulting trust to the heirs of the testatrix. The plaintiffs in error spend much time and argument on the question of distinguishing between executed and executory trusts...

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