DANIEL v. DENHAM

24171, 24172.

223 Ga. 544 (1967)

156 S.E.2d 906

DANIEL Executor, et al. v. DENHAM; and vice versa.

Supreme Court of Georgia.

Decided September 7, 1967.


Attorney(s) appearing for the Case

Tyron Elliott, Reinhardt, Ireland, Whitley & Sims, Bob Reinhardt, James H. Pate, John R. Rogers, for appellants.

Seymour S. Owens, Perry, Walters, Langstaff & Lippitt, H. H. Perry, Jr., for appellee.


MOBLEY, Justice.

1. It is the general rule that debts of a testator shall be paid, first, from the property charged with the debts by the terms of the will; and unless otherwise directed by the will, next from the residuum or the undevised estate; next from general legacies, which shall abate pro rata; and finally, specific legacies shall contribute. Code §§ 113-821, 113-1509. No provision was made for the payment of debts in the will construed by...

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