ROGERS v. ROOTH

31494.

237 Ga. 713 (1976)

229 S.E.2d 445

ROGERS et al. v. ROOTH.

Supreme Court of Georgia.

Decided October 5, 1976.


Attorney(s) appearing for the Case

Culpepper, Culpepper & Liipfert, S. M. Culpepper, for appellants.

W. L. Ferguson, for appellee.


HALL, Justice.

This is an appeal from a summary judgment in favor of appellee, Ann Rogers Rooth, regarding the construction of a will. The trial court held that the will violates the rule against perpetuities and it vested fee simple title to the farmland in question in appellee as the last legal taker under the will.

Floy Rogers died on June 17, 1959 leaving a last will and testament which was probated in solemn form. Item Four of that will which allegedly...

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