Linkous v. National Bank of Georgia

Undercofler, Justice.

In this case, we are called upon to examine the validity of an “in terrorem” clause forbidding any challenge to a will under penalty of forfeiture. Such clauses are permitted by statute, Code Ann. § 113-820, but are not favored in the law and, like all restrictions, must be strictly construed, Boykin v. Bradley, 192 Ga. 212 (14 SE2d 734) (1941). The trial court held the clause in this will invalid. We affirm.

National Bank of Georgia, as executor and trustee under the will of Nelson T. Levings, filed its petition for a declaratory judgment as to certain aspects of the will…