Nunnally v. Foster
Supreme Court of Georgia
Construction of will. Before Judge Cobb. Walton superior court. October 26, 1918. W. T. Foster, as surviving executor of the will of Mrs. Mary W. Sandidge, filed a petition in the superior court of Walton county, praying for the construction of the will and a codicil thereto, and for direction in administering the estate.
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Construction of will. Before Judge Cobb. Walton superior court. October 26, 1918. W. T. Foster, as surviving executor of the will of Mrs. Mary W. Sandidge, filed a petition in the superior court of Walton county, praying for the construction of the will and a codicil thereto, and for direction in administering the estate. The items of the will necessary to be considered in deciding the assignments of error set forth in the bill of exceptions are as follows: “Item 17. I give and bequeath to Alonzo H. Nunnally one thousand dollars in money, the same to be his full share of my estate, unless…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.)
1. In item 17 of the will Alonzo H. Nunnally is given “one thousand dollars in money, the same to be his full share of my estate, unless there should more come to him in the distribution of the residuum of my estate.” In item 25, which purports to dispose of certain property as the residuum of the estate of the testatrix, it is directed that such property be sold by the executors and the proceeds “divided into three equal'parts, one part be given to my sister, Martha E. Foster, her heirs and assigns, one part be given to my brother, G-. A. Nunnally, his…
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