KILLINGSWORTH v. FIRST NATIONAL BANK

30991, 30992, 31071.

237 Ga. 544 (1976)

228 S.E.2d 901

KILLINGSWORTH v. FIRST NATIONAL BANK OF COLUMBUS et al. D'AMATO v. FIRST NATIONAL BANK OF COLUMBUS et al. FIRST NATIONAL BANK OF COLUMBUS v. ROBERTS et al.

Supreme Court of Georgia.

Decided September 9, 1976.

Rehearing Denied September 27, 1976.


Attorney(s) appearing for the Case

Moore, Worthington & Degenhardt, William C. Moore, Walter P. Degenhardt, for Killingsworth.

Hatcher, Stubbs, Land, Hollis & Rothschild, Albert W. Stubbs, for First National Bank.

Keil, Riley, Davis & Norton, Beverly R. Keil, Phillips & Funderburk, Kenneth L. Funderburk, for D'Amato.

Ernest Kirk, III, for Roberts.


NICHOLS, Chief Justice.

The First National Bank of Columbus, as executor of the will of Owen G. Roberts, Jr., filed a petition for construction of the will. The trial court entered its judgment construing the will. Killingsworth and D'Amato appeal from such judgment. The bank appeals from an order amending its original order after the notice of appeal was filed in Case Nos. 30991 and 30992. The bank contends the court lacked jurisdiction to amend its previous order...

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