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WETHERBEE v. FIRST STATE BANK AND TRUST

No. S95A1713.

466 S.E.2d 835 (1996)

266 Ga. 364

WETHERBEE et al. v. FIRST STATE BANK AND TRUST COMPANY et al.

Supreme Court of Georgia.

Reconsideration Denied March 11, 1996.

Attorney(s) appearing for the Case

Jay D. Bennett, David M. Maxwell, Alston & Bird, Atlanta, Del Percilla, Jr., Albany, for Rosemary R. Wetherbee et al.

G. Stuart Watson, Watson, Spence, Lowe & Chambless, Albany, Michael C. Garvey, Albany, for First State Bank and Trust Company et al.

H. Holcombe Perry, Jr., Perry, Walters & Lippitt, Albany.

Michael C. Hall, Donaldson, Hall, Martin and Bell, P.C., Albany.

CARLEY, Justice.

In this will construction case, appellee First State Bank and Trust Company (Bank) is a co-trustee of the testamentary trust of Francis P. Wetherbee and appellants are Mr. Wetherbee's ex-daughters-in-law and several of his grandchildren. The case arises from the following relevant facts: Mr. Wetherbee died in 1977 and was survived by his wife, a daughter, and two married sons. Under the terms of Mr. Wetherbee...

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