Young v. Whisler

Plaintiffs George K. Young and Donald L. Young have appealed directly to this court from a decree of the circuit court of Fulton County dismissing their complaint to construe the will of Lance Young, which devises certain real and personal property.

The sole issue is whether a proceeding to construe the will is warranted on the ground that a latent ambiguity is created by the terms .of the will in the light of the circumstances.

From the record it appears that the testator, Lance Young, executed a will on December 23, 1948, in which he gave all his property, real and personal, after the payment…