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IMERYS MARBLE CO. v. J.M. HUBER CORP.

No. S02A1401.

577 S.E.2d 555 (2003)

276 Ga. 401

IMERYS MARBLE COMPANY, v. J.M. HUBER CORPORATION et al.

Supreme Court of Georgia.

Reconsideration Denied March 28, 2003.

Attorney(s) appearing for the Case

Phears & Moldovan, H. Wayne Phears, Norcross, Landrum & Landrum, Phil M. Landrum, Jr., Jasper, for appellant.

Seyfarth & Shaw, Allen W. Groves, Atlanta, Kilpatrick Stockton, Thomas C. Harney, Atlanta, David E. Ralston, Blue Ridge, for appellees.

FLETCHER, Chief Justice.

Imerys Marble Company appeals the trial court's judgment in favor of J.M. Huber Corporation and the heirs of Benjamin Cowart regarding the ownership of certain mineral interests. Because the trial court erred in its construction of the relevant will and deeds, we reverse.

Cowart's will devised all his property to his children, provided that his children could not sell the mineral interests during their lifetimes. The will, however...

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