HELMLY v. SAVANNAH BANK & TRUST COMPANY OF SAVANNAH

26897.

228 Ga. 548 (1972)

186 S.E.2d 883

HELMLY et al. v. SAVANNAH BANK & TRUST COMPANY OF SAVANNAH.

Supreme Court of Georgia.

Decided January 6, 1972.


Attorney(s) appearing for the Case

Bouhan, Williams & Levy, Robert M. Williams, for appellants.

Connerat, Dunn, Hunter, Maclean & Exley, James P. Houlihan, Lewis & Javetz, Emanuel Lewis, for appellee.


NICHOLS, Justice.

The case was tried upon an agreed statement of fact. The contention of the appellants is that such agreed statement of fact demands a finding that the widow abandoned (by failing to make an election) her "child's share" of the realty and is only entitled to dower, should she timely claim the same.

The contention of the widow is twofold. First, that no election was necessary, and second, if such election was necessary, it had been made.

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