Citizens & Southern National Bank v. Martin

Jordan, Presiding Justice.

These are interlocutory cross-appeals from the denials of summary judgment to the plaintiff widow and to the defendant executor.

Plaintiff, sole heir at law and widow of the testator, sued the executor seeking a declaratory judgment setting aside her husband’s will as being violative of Georgia’s mortmain statute, Code Ann. § 113-107. On the first appearance of this case (Citizens &c. Nat. Bank v. Martin, 244 Ga. 522 (260 SE2d 909) (1979)), this court held that the *285will did come within the provisions of the statute because the will had been republished by codicil 67…