CITIZENS &c. NAT. BANK v. MARTIN

36194, 36197.

246 Ga. 284 (1980)

271 S.E.2d 192

CITIZENS & SOUTHERN NATIONAL BANK v. MARTIN; and vice versa.

Supreme Court of Georgia.

Decided September 9, 1980.


Attorney(s) appearing for the Case

G. Wilbur Warner, Jr., John L. Westmoreland, Jr., John C. Mayoue, for appellant.

J. Ralph McClelland, Jr., J. Ralph McClelland, III, for appellee.


JORDAN, Presiding Justice.

These are interlocutory cross-appeals from the denials of summary judgment to the plaintiff widow and to the defendant executor.

Plaintiff, sole heir at law and widow of the testator, sued the executor seeking a declaratory judgment setting aside her husband's will as being violative of Georgia's mortmain statute, Code Ann. § 113-107. On the first appearance of this case (Citizens &c. Nat. Bank v. Martin, ...

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