Gresham v. Gannon

Undercofler, Presiding Justice.

This action for declaratory judgment was brought by the nieces and nephews of John P. Upshaw 1 seeking construction of the term "next of kin” in the testator’s will and a declaration of their rights and legal relations. The trial court granted a motion to dismiss for failure to state a claim. We affirm.

1. At the termination of the life estates and of the failure of the charitable devise to Social Circle Schools under our holdings in Smyth v. Anderson, 238 Ga. 343 (n. 1) (232 SE2d 835) (1977), the disposition of the estate was controlled by the following…