CARSWELL v. WATERS

41918.

254 Ga. 431 (1985)

330 S.E.2d 590

CARSWELL v. WATERS et al.

Supreme Court of Georgia.

Decided June 11, 1985.


Attorney(s) appearing for the Case

Malberry Smith, Jr., Custer, Walker, Hynes & Johnson, Lawrence B. Custer, Douglas A. Hill, for appellant.

Brannen, Wessels & Searcy, Frank P. Brannen, Willis J. Richardson, Jr., for appellees.


SMITH, Justice.

Benjamin J. Sheppard, Jr., died testate survived by two sisters, Mary Sheppard Waters and Winnie Mildred Sheppard, one brother, J. Davis Sheppard, and other relatives. One sister, Virginia Sheppard Elyea, predeceased the testator. The appellant, Miriam Elyea Carswell, is one of Virginia's daughters. All of the parties agree that appellant is entitled to 10% of one-fourth of the residue of the testator's estate under Item 24 of the will, thus that issue...

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