Cox v. Fowler

The in terrorem clause in Turner’s will does not give direction as to the disposition of property if Fowler violates the clause, and is therefore void under OCGA § 53-4-68 (b). For this reason, I dissent.

Although the majority opinion sets forth the in terrorem clause in full, I reprint it here for the discussion that follows:

Should any beneficiaries hereunder contest or initiate legal proceedings to contest the validity of this Will or any provision herein or to prevent any provision herein from being carried out in accordance with its terms (whether or not in good faith and with probable…