Citizens & Southern National Bank v. Martin

Undercofler, Presiding Justice.

This case raises two questions involving Georgia’s mortmain statute. Code § 113-107. The statute has been construed to apply only to charitable devises made during 90 days preceding death. Hood v. First Nat. Bank of Columbus, 219 Ga. 283 (133 SE2d 19) (1963). Here the testator made his will more than 90 days prior to death but republished it by codicil 67 days before death. The first question is whether the republication brings the will within the mortmain statute.

The estate has been appraised in excess of $700,000. The appellee, age 80, is the testator’s widow…