Butts v. Trust Company of Georgia

Wyatt, Justice.

The first question presented for decision is the meaning of the words, “nearest of kin then surviving,” contained in item 4 of the will. If they mean nearest of kin measured by degrees, then nieces and nephews, being one degree nearer than great-nieces and great-nephews, would take the entire estate. On the other hand, if “nearest” was used by the testator as including also those nearest by representation, as in the statute of distribution, great-nieces and great-nephews would share in the estate per stirpes and as representatives of their deceased parents. Code, § 113-903 (5).…