Hood v. First National Bank

Duckworth, Chief Justice.

The sole issue here is whether the devise of more than one-third of the estate to charity is void. The testator left a wife and child,, but the will was executed years before the death of the testator. A proper construction of Code Ann. § 113-107 will supply the answer. The relevant portion of that section is the first sentence which is, “No person leaving a wife or child, or descendants of child, shall, by will, devise more than one-third of his estate to any charitable, religious, educational, or civil institution, to the exclusion of such wife or child; and in all…