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SIMMONS v. DAVIS

33882.

242 Ga. 397 (1978)

249 S.E.2d 79

SIMMONS v. DAVIS et al.

Supreme Court of Georgia.

Decided October 18, 1978.

Attorney(s) appearing for the Case

Duncan, Thomasson & Mallory, Thurman E. Duncan, for appellant.

Ketzky & Hipp, P. Seale Hipp, for appellees.

BOWLES, Justice.

The facts of this case are set out in Simmons v. Davis, 240 Ga. 282 (240 S.E.2d 33) (1977), where this court held that the will executed in 1964 by Saint Elmo Gay and his wife Vivian Frazier Gay was joint and mutual, and that the trial court properly ordered appellant to specifically perform the contract as expressed in the joint and mutual will.

A second suit was filed...

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