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SMITH v. TURNER

No. A96A1135.

477 S.E.2d 663 (1996)

223 Ga. App. 371

SMITH et al. v. TURNER.

Court of Appeals of Georgia.

October 29, 1996.

Attorney(s) appearing for the Case

Hoke J. Thomas, Jr., La Grange, Ivan A. Millender, Atlanta, for appellants.

Kirby & Roberts, Louis J. Kirby, La Grange, for appellee.

ANDREWS, Judge.

The central issue in this appeal is whether the wills executed by Marcus Smith and Inez Smith were mutual wills under OCGA § 53-2-51. The trial court determined they were not mutual wills and granted summary judgment to Turner. We affirm.

On January 23, 1991, Marcus Smith and his wife of 45 years, Inez Smith, both executed wills in the presence of each other and two witnesses. Marcus' will provided in pertinent

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