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AVEN v. EASTMAN

40551.

252 Ga. 67 (1984)

311 S.E.2d 469

AVEN et al. v. EASTMAN.

Supreme Court of Georgia.

Decided January 31, 1984.

Attorney(s) appearing for the Case

McConaughey & Goff, Dan E. McConaughey, Gregory T. Jones, Carl C. Aven III, for appellants.

Robert J. Grayson, Jordan H. Prosser, for appellee.

MARSHALL, Presiding Justice.

This is a petition for declaratory judgment brought by Gordon and Carl Aven, Jr., who are the administrators of the estate of their father, Dr. Carl Aven, Sr., who died in 1976. Item V of Dr. Aven's will establishes a marital-deduction trust, with the income to be paid to Dr.Aven's wife, Mary Aven (the administrators' stepmother) for her life. Item V of Dr. Aven's will further provided that upon his wife's death, the property remaining...

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