RUSSELL v. MARSHALL

23175, 23177, 23176.

221 Ga. 601 (1965)

146 S.E.2d 296

RUSSELL, Executrix, v. MARSHALL et al. (two cases). RUSSELL v. MARSHALL et al.

Supreme Court of Georgia.

Decided December 6, 1965.

Rehearing Denied December 15, 1965.


Attorney(s) appearing for the Case

Cumming, Nixon, Eve, Waller & Capers, John D. Capers, R. U. Hardin, for appellants.

Carlton G. Matthews, Jr., P. B. Lewis, Jr., H. Cliff Hatcher, George Fryhofer, Limerick L. Odom, for appellees.

Fulcher, Fulcher, Hagler, Harper & Reed, for party at interest not party to record.


DUCKWORTH, Chief Justice.

There is and can be no denial that the joint will bequeathed and devised to the survivor to have and to hold in fee simple all the property of the testator. The dispute arises because of other provisions of the will. Appellees contend that such provisions create a precatory trust and they strongly rely upon Ingram v. Fraley, 29 Ga. 553, for support of this position, while appellants assert that all such language is a mere expression...

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