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LAMB v. NATIONSBANK, N.A.

Nos. S98A1261, S98A1262, S98A1264.

507 S.E.2d 457 (1998)

LAMB v. NATIONSBANK, N.A. (Two Cases) FREDLUND v. NATIONSBANK, N.A.

Supreme Court of Georgia.

Reconsideration Denied December 18, 1998.

Attorney(s) appearing for the Case

Julian R. Friedman, Terri Martin Yates, Lee Alton Summerford, Oliver, Maner & Gray, LLP, Savannah, John M. Comolli, McLanahan & Comolli, Athens, for appellants.

Paul W. Painter, Jr., Ellis, Painter, Ratterree & Bart, LLP, Mills Lane Morrison, Roland B. Williams, Hunter, Maclean, Exley & Dunn, P.C., Savannah, G. Conley Ingram, John C. Sawyer, Robert Davis McCallum, Jr., Alston & Bird, LLP, Atlanta, for NationsBank, N.A., et al.

Doris Cubbedge Seyle, Regina Cubbedge, Victoria Cubbage Kennickell, Maude Cubbedge New, Savannah, Mary Jenkins Winders, Reston, VA, Jacqueline C. Ulmer, Jr., Catherine C. Ulmer, Sarah C. Snow, Bluffton, SC, William R. Quarterman, Jr., Charleston, SC, Mary Mangum, Durham, NC, for other interested parties.

HINES, Justice.

This is an appeal from a decision of the Probate Court of Chatham County in an action for declaratory judgment brought by NationsBank, N.A. to determine the beneficiaries of a trust established under the Last Will and Testament of Herschel V. Jenkins.1 The will was executed in 1955, approximately five years before Jenkins died. The portion of the will in controversy is Item III.(4.) which provides:

Upon the death...

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