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HARRIS v. NEELY

44453.

257 Ga. 361 (1987)

359 S.E.2d 885

HARRIS et al. v. NEELY et al.

Supreme Court of Georgia.

Decided September 9, 1987.

Attorney(s) appearing for the Case

Groover & Childs, Denmark Groover, Jr., Charles A. Thomas, Jr., for appellants.

Steve L. Wilson, Wallace Miller III, for appellees.

CLARKE, Presiding Justice.

This appeal presents the question of whether an instrument constitutes a deed conveying title subject to a life estate or whether it is an attempted will.

If the instrument is testamentary it has no effect because of defective attestation. On the other hand, if the document is a deed, it conveys title. In this action for declaratory judgment and injunctive relief, the trial court held the...

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