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WOODALL v. FIRST NATIONAL BANK

24254.

223 Ga. 688 (1967)

157 S.E.2d 461

WOODALL et al. v. FIRST NATIONAL BANK OF COLUMBUS, Executor, et al.

Supreme Court of Georgia.

Decided October 5, 1967.

Rehearing Denied October 20, 1967.

Attorney(s) appearing for the Case

Bloch, Hall, Groover & Hawkins, Charles J. Bloch, Wilbur D. Owens, Jr., Foley, Chappell, Young, Hollis & Schloth, Bentley H. Chappell, William H. Young, III, for appellants.

Kelly, Champion & Henson, Forrest L. Champion, Jr., Kenneth M. Henson, Divine & Busbee, Jones, Sparks, Benton & Cork, Timothy K. Adams, Frank C. Jones, for appellees.

GRICE, Justice.

The basic issue for determination in this appeal is whether the testator's sale of certain property to a third party constituted an ademption of a portion of a legacy. This issue arose when the First National Bank of Columbus, as executor and trustee under the will of Allen M. Woodall, Sr., filed in the Superior Court of Muscogee County a petition for construction of the will in respect to several matters, including this issue of ademption. The petition...

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