AMER. CANCER SOCIETY v. MASSELL

46090.

258 Ga. 717 (1988)

373 S.E.2d 741

AMERICAN CANCER SOCIETY et al. v. ESTATE OF BEN J. MASSELL.

Supreme Court of Georgia.

Decided November 23, 1988.


Attorney(s) appearing for the Case

Powell, Goldstein, Frazer & Murphy, William J. Linkous, Jr., David G. Ross, William V. Custer IV, for appellants.

Kilpatrick & Cody, Harold E. Abrams, Alan C. Manheim. Charles F. Wittenstein, Fine & Block, A. J. Block, Jr., Gary M. Goldsmith, Alston & Bird, G. Conley Ingram, for appellee.


CLARKE, Presiding Justice.

Ben J. Massell, Jr. ("Mr. Massell") died testate on June 26, 1986, leaving a large estate. Among his bequests, Mr. Massell left 30% of his "said estate" to four charities. Because the will fails to define or refer to any "said estate," the executors faced a dilemma as to how to compute the bequest to the charities. Should the charities receive 30% of the gross estate, or of the net estate after the payment of debts, or of the net estate...

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