Williams v. Frierson

ON MOTION ROE REHEARING.

1. It is a conclusive presumption of law that the possibility of issue is not extinct in a female until death; and an agreed statement of fact will not overcome this presumption. In re Dougan, 139 Ga. 351, 353 (77 S. E. 158, 48 L. R. A. (N. S.) 868, Ann. Cas. 1914D, 868).

2. The item of the will under construction in this case differs from that construed in the 'case of Perdue v. Anderson, 142 Ga. 309 (82 S. E. 884), and the cases there cited as authority, in that the part of the will involved in the instant case contains the provision that the grandchildren of the…