Wendell v. AmeriTrust Co.

The issue presented is whether the residuary provisions of the testator’s will are governed by the law as it existed at the time of the execution of the will or whether a subsequent judicial ruling of unconstitutionality should render G.C. 10504-5 void ab initio.

At the time of the execution of the will, G.C. 10504-5 provided: “If a testator dies leaving issue of his body, or an adopted child, living, or the lineal descendants of either, and the will of such testator gives, devises or bequeaths the estate of such testator, or any part thereof, to a benevolent, religious, educational or…