Taylor v. Rapp
Supreme Court of Georgia
1Opinion of the Court
Mobley, Justice.
Plaintiff in error contends that Item III of the will constitutes an “in terrorem” clause which would render the will nugatory.
We cannot agree with that contention as it is clear that the clause in question is not an “in terrorem” clause.
Black’s Law Dictionary, 4th ed., pp. 901, 902, defines “in terrorem” as follows: “In terror or warning; by way of threat. Applied to legacies given upon condition that the recipient shall not dispute the validity or the dispositions of the will.” See Cohen v. Reisman, 203 Ga. 684 (4) (48 SE2d 113).
Even if the clause were an in terrorem clause,…
2Cases cited5 opinions
- Sumpter v. CarterSupreme Court of Georgia · 1902
- Cohen v. ReismanSupreme Court of Georgia · 1948
- Robert v. WestSupreme Court of Georgia · 1854
- Rowland v. MathewsSupreme Court of Georgia · 1922
- Thomas v. KingSupreme Court of Georgia · 1936
3Cited by7 opinions
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- Christopher A. Roosa v. Rosemary D. RoosaCourt of Appeals of Mississippi · 2019
- Estate of Michael N. Bakarich, and Co- Executrices, Victoria Lynn Ray, Stephanie Bakarich Jeselnik and Alexandra Elizabeth Owens v. John Frederick BakarichMississippi Supreme Court · 2022
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