TAYLOR v. RAPP

21527.

217 Ga. 654 (1962)

124 S.E.2d 271

TAYLOR v. RAPP, Executrix, et al.

Supreme Court of Georgia.

Decided February 9, 1962.

Rehearing Denied February 20, 1962.


Attorney(s) appearing for the Case

Hugh Head, Jr., for plaintiff in error.

Buchanan, Edenfield & Sizemore, Newell Edenfield, contra.


MOBLEY, Justice.

1. Plaintiff in error contends that Item III of the will constitutes an "in terrorem" clause which would render the will nugatory.

We cannot agree with that contention as it is clear that the clause in question is not an "in terrorem" clause.

Black's Law Dictionary, 4th ed., pp. 901, 902, defines "in terrorem" as follows: "In terror or warning; by way of threat. Applied to legacies given upon condition that the recipient shall not...

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