PEACOCK v. OWENS

35048.

244 Ga. 203 (1979)

259 S.E.2d 458

PEACOCK v. OWENS.

Supreme Court of Georgia.

Decided September 10, 1979.


Attorney(s) appearing for the Case

Mills & Chasteen, Robert W. Chasteen, Jr., for appellant.

Clayton Jay, Jr., Guy V. Roberts, Jr. for appellee.


JORDAN, Justice.

This is an appeal in a will construction case in which the trial court held that the devise of certain real estate "fails because an ademption by extinction has taken place."

At issue is Code Ann. § 113-817 which in pertinent part is as follows: "A legacy is adeemed or destroyed, wholly or in part,... when the testator conveys to another the specific property bequeathed, and does not afterward become possessed of the same, or otherwise...

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