Powell v. Thorsen

Weltner, Justice.

This is a continuation of the litigation reported in Powell v. Thorsen, 248 Ga. 697 (285 SE2d 699) (1982).

1. We need not determine whether the first count of the complaint was a claim at law or in equity, as no material facts were in issue as to this count, and the question of James T. Lester’s right to the subject funds turned upon questions of law, including construction of a clause of Lura A. Lester’s will. Bell v. Grant, 244 Ga. 665 (261 SE2d 616) (1979). Appellants accordingly were not entitled to a trial by jury on Count One of the complaint.

2. Item 5 of the will…