Legal Opinion

Ruth v. First National Bank of Atlanta

Supreme Court of Georgia

Decided April 13, 1973No. 27795PublishedCited by 6 opinions

1Opinion of the Court

Nichols, Justice.

In construing a will the first and foremost rule of construction is to determine the intention of the testator. Code § 113-806. Generally, courts are not limited in construction of a will to a particular item, sentence or clause, but may look to the four corners of the will to ascertain the intention of the testator. See Davant v. Shaw, 206 Ga. 843 (59 SE2d 500); Aiken v. Aiken, 209 Ga. 819 (76 SE2d 481).

Looking at the four corners of the will, the last paragraph of the ninth item cannot be excluded as was done by the trial court, and the intention of the testator must be…

2Cases cited3 opinions

  1. Davant v. ShawSupreme Court of Georgia · 1950
  2. Aiken v. AikenSupreme Court of Georgia · 1953
  3. Fourth Nat. Bank of Columbus v. BrannonSupreme Court of Georgia · 1971

3Cited by6 opinions

  1. Lemmons v. LawsonSupreme Court of Georgia · 1996
  2. Abney v. Hicks (In Re Hicks)United States Bankruptcy Court, N.D. Georgia · 1982
  3. Worley v. SmithSupreme Court of Georgia · 1976
  4. Fleming v. First Union National BankSupreme Court of Georgia · 2001
  5. Usry v. FarrSupreme Court of Georgia · 2001

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