NUNNALLY v. TRUST COMPANY BANK

34353.

243 Ga. 42 (1979)

252 S.E.2d 468

NUNNALLY et al. v. TRUST COMPANY BANK.

Supreme Court of Georgia.

Decided January 24, 1979.


Attorney(s) appearing for the Case

King & Spalding, James M. Sibley, Michael C. Russ, for appellants.

Lokey & Bowden, Henry L. Bowden, Hansell, Post, Brandon & Dorsey, Alan Post, Edward S. Grenwald, for appellee.

Alston, Miller & Gaines, Henry J. Miller, Anne S. Rampacek, amicus curiae.


JORDAN, Justice.

This appeal arises from a will construction case instituted by Trust Company Bank as co-trustee of a trust established under the will of Jessie M. McKee.

The facts in this proceeding are not in dispute and have been stipulated by the parties. The testatrix signed her will in 1942, executed a codicil in 1944 and died in 1945. Part Two of Item Eight of the will creates a trust to pay income to the testatrix...

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