Bedgood v. Thomas

Duckworth, Chief Justice.

While a court of equity has power to do whatever is necessary to preserve a trust and may, under certain circumstances, modify the terms of a trust, nevertheless, courts are without authority to re-write by construction an unambiguous will since the court can not substitute its will for that of the testator, whether wise or unwise. Code § 113-806; Hungerford v. Trust Co. of Ga., 190 Ga. 387 (9 SE2d 630); McClelland v. Johnson, 211 Ga. 348 (86 SE2d 97). The plain language here showing that the trust had terminated upon the happening of the event—the beneficiary…