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DONEHOO v. DONEHOO

27464, 27465.

229 Ga. 627 (1972)

193 S.E.2d 827

DONEHOO et al. v. DONEHOO et al. CITIZENS SOUTHERN NATIONAL BANK OF GEORGIA v. DONEHOO et al.

Supreme Court of Georgia.

Decided October 5, 1972.

Attorney(s) appearing for the Case

Gunter & McDonald, Douglas W. McDonald, Tom E. Lewis, Smalley, Cogburn & Evans, Robert H. Smalley, Jr., for appellants.

Albert G. Ingram, Beck, Goddard, Owen, Squires & Murray, J. C. Owen, Jr., King & Spalding, Jack H. Watson, Jr., C. David Vaughan, for appellees.

NICHOLS, Justice.

1. Under the decision of this court in Brewton v. McLeod, 216 Ga. 686 (119 S.E.2d 105), the plaintiff, as co-executor under the will of his deceased wife, was entitled to maintain the present action for construction of the will regardless of whether he would have been entitled to declaratory judgment and the trial court did not err in failing to sustain the motion to dismiss...

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