Whittle v. Speir

This appeal arises from the grant of a summary judgment to appellee and the denial of appellants’ motion for summary judgment. The appeal involved the *15construction of the will of James J. Kennedy who died in 1936. The will was probated in common form on August 3, 1936. After devising a life estate to his wife, he devised the remainder to his children.

Item 5 provides: "To our son, John W. Kennedy, I give and devise that tract of land in the Twelfth District of Terrell County, Georgia, known as the Bob Ellison Place, or Marshall Place, containing Three Hundred and Seventy Five (375) Acres, more…