LINKOUS v. NATIONAL BANK OF GEORGIA

37024, 37025.

247 Ga. 274 (1981)

274 S.E.2d 469

LINKOUS v. NATIONAL BANK OF GEORGIA (two cases).

Supreme Court of Georgia.

Rehearing Denied March 12, 1981.


Attorney(s) appearing for the Case

Powell, Goldstein, Frazer & Murphy, William Linkous, Jr., for appellant.

Smith, Cohen, Ringel, Kohler & Martin, Ronald W. Hartley, Hurt, Richardson, Garner, Todd & Cadenhead, James H. Morgan, Rogers & Hardin, Joseph C. Miller, Northcutt, Edwards, Germano, Nix & Page, James A. Nix, for appellee.


UNDERCOFLER, Justice.

In this case, we are called upon to examine the validity of an "in terrorem" clause forbidding any challenge to a will under penalty of forfeiture. Such clauses are permitted by statute, Code Ann. § 113-820, but are not favored in the law and, like all restrictions, must be strictly construed, Boykin v. Bradley, 192 Ga. 212 (14 S.E.2d 734) (1941). The trial court held the clause in this will invalid. We affirm.

National Bank...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases