BEDGOOD v. THOMAS

22595.

220 Ga. 262 (1964)

138 S.E.2d 313

BEDGOOD, Trustee v. THOMAS, Guardian.

Supreme Court of Georgia.

Decided September 28, 1964.


Attorney(s) appearing for the Case

Cumming & Cumming, for plaintiff in error.

Beck, Goddard, Owen & Smalley, contra.


DUCKWORTH, Chief Justice.

While a court of equity has power to do whatever is necessary to preserve a trust and may, under certain circumstances, modify the terms of a trust, nevertheless, courts are without authority to re-write by construction an unambiguous will since the court can not substitute its will for that of the testator, whether wise or unwise. Code § 113-806; Hungerford v. Trust Co. of Ga., 190 Ga. 387 (9 S.E.2d 630); McClelland...

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