Legal Opinion
Stephens v. Stephens
Supreme Court of Georgia
Decided February 11, 1963No. 21937PublishedCited by 5 opinions
1Opinion of the Court
Mobley, Justice.
It is the duty of this court to effectuate the intent of the testator insofar as his intent is consistent with established rules of law. Code § 113-806; Edmondson v. Dyson, 2 Ga. 307, 312 (2); Stringfellow v. Harman, 207 Ga. 62, 64 (60 SE2d 139).
The language used by the testator in paragraph 6 of his will clearly manifests his intent to create a trust which would continue only during the life of his widow. He directed that the income of the trust be paid to her “so long as she may live.” This is a clear expression of intent to create a testamentary trust for the benefit of the…
2Cases cited32 opinions
- Hertz v. AbrahamsSupreme Court of Georgia · 1900
- Clark v. BakerSupreme Court of Georgia · 1938
- Douglas v. SumnerSupreme Court of Georgia · 1957
- Gray v. ObearSupreme Court of Georgia · 1875
- Heath v. MillerSupreme Court of Georgia · 1903
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3Cited by5 opinions
- Speed v. SpeedSupreme Court of Georgia · 1993
- Friedman v. United StatesDistrict Court, S.D. Georgia · 1973
- Arrington v. HosemannSupreme Court of Georgia · 1968
- First National Bank of Arizona v. TaylorCourt of Appeals of Arizona · 1967
- Matter of CraddockUnited States Bankruptcy Court, N.D. Georgia · 1986