SIMMONS v. ENGLAND

No. A13A0537.

746 S.E.2d 862 (2013)

SIMMONS, et al. v. ENGLAND, executrix.

Court of Appeals of Georgia.

July 16, 2013.


Attorney(s) appearing for the Case

Kristofer Ray Schleicher , Andrew Parks Kaiser , Atlanta, for Simmons, et al.

John Philip Webb , Stockbridge, Joseph Mark Brittain , for England.


McFADDEN, Judge.

This action was brought against the executrix of a will by two named beneficiaries. Those beneficiaries, who were the testator's employees, now appeal from the superior court's determination that, since the testator's business was a sole proprietorship at the time of his death, there was no "business property" to be distributed to them pursuant to the will.

The appeal was initially filed in our Supreme Court. That court determined that the...

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