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ELROD v. COWART

No. S08A1792.

672 S.E.2d 616 (2009)

ELROD et al. v. COWART.

Supreme Court of Georgia.

Reconsideration Denied February 9, 2009.

Attorney(s) appearing for the Case

Jenkins & Olson, Brandon L. Bowen, Cartersville, Erik J. Pirozzi, William A. Neel, Jr., Cartersville, B. Shane Haney, for appellants.

White, Choate & Watkins, Harry B. White, W. Anthony Moss, John T. Mroczko, Cartersville, for appellee.

CARLEY, Justice.

Henry E. Smith (Testator) died in 1970. In pertinent part, Item 4 of his will disposed of his real property as follows:

I will, bequeath and devise all real estate... which I own at the time of my death to my son ... Will Henry Smith [Life Tenant] for and during his natural life with the remainder to my [four] daughters ..., my grandson Dean Smith and any child or children of [Life Tenant] who shall together take an equal part with my .....

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