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COKER v. MOSLEY

S89A0562, S89A0563.

259 Ga. 781 (1990)

387 S.E.2d 135

COKER et al. v. MOSLEY et al. CHEATWOOD et al. v. MOSLEY et al.

Supreme Court of Georgia.

Decided January 11, 1990.

Attorney(s) appearing for the Case

Shaw, Maddox, Graham, Monk & Harris, James D. Maddox, for Coker et al.

Jack F. Witcher, John E. Gilchrist, Timothy A. McCreary, for Cheatwood et al.

Summers, Jones & O'Donnell, E. B. Jones, Jr., Ezra B. Jones III, for Mosley et al.

WELTNER, Justice.

1. (a) The principal issue in this appeal is whether the wills executed by Roy and Alice Esther Holland, husband and wife, were "mutual wills" under the terms of OCGA § 53-2-51. That issue is answered by the plain dictate of the statute, which provides in part:

(b) Except for mutual wills based on express contract, no wills shall be or shall be construed to be mutual wills unless there is contained in both wills an express statement...

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