PREUSS v. STOKES PREUSS

No. S02A0834.

569 S.E.2d 857 (2002)

275 Ga. 437

PREUSS, Co-Exr. v. STOKES-PREUSS, Co-Exr., et al.

Supreme Court of Georgia.

September 16, 2002.


Attorney(s) appearing for the Case

Adam R. Gaslowitz & Associates, Adam R. Gaslowitz, Atlanta, for appellant.

Spears & Spears, John Wesley Spears, Jr., Malane Toft Spears, McCurdy & Candler, PPC, John Walter Drake, Decatur, Richard J. Dreger, Roswell, for appellee.


SEARS, Presiding Justice.

This appeal involves the issue whether an in terrorem clause in a will applies to an action to remove a co-executor of the will. The probate court ruled that the clause did not bar such an action, and for the reasons that follow, we affirm.

The appellant, Charles Preuss (Mr. Preuss), and the appellee, Willowreen Stokes-Preuss (Ms. Stokes-Preuss), are the co-executors of Harold Preuss's will. Mr. Preuss and Ms. Stokes-Preuss are also...

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