Collier v. First National Bank

Clarke, Chief Justice.

Preston C. Upshaw died, survived by his wife, Alice Boardman Upshaw, as well as his two children from a previous marriage, Anne Upshaw Chalmers and Preston C. Upshaw, Jr., the appellees herein. In his will Preston C. Upshaw bequeathed one-third of his estate (approximately $1.5 million in securities) to Alice Upshaw. Subsequently Alice Upshaw, the decedent in this case, executed a will. Item Three of her will stated that the bequest from her husband had not yet been delivered to her, but that

I have instructed the [First National Bank of Atlanta] upon distribution of…