Hungerford v. Trust Co. of Georgia

Duckworth, Justice.

We are not here concerned with any portion of the will except the codicil. The single question presented is whether under this codicil Hungerford is entitled to the bequest of $5000, since the petition shows that he was not living with his wife at the death of the testatrix. There is no issue as to the meaning of the language of the will. It must be conceded that the language, “provided they are living with their present wives at the time of my death,” has but one meaning, is unambiguous, and clearly states the condition upon which Hungerford is entitled to the bequest. By…