Legal Opinion

Erwin v. Smith

Supreme Court of Georgia

Decided March 25, 1895PublishedCited by 8 opinions

Appeal. Before M. L. Smith, judge pro hac vice. 'Union superior court. April term, 1894.

1Opinion of the Court

Lumpkin, Justice.

It is now too well settled to require ■ argument or the citation of authority, that where the terms of a will are plain arid unambiguous, they must control, and that parol evidence cannot be received to give the will a meaning different from that which is clearly and unequivocally expressed therein. While it is true that the cardinal rule for the construction of wills requires that the intention of the testator should be ascertained and enforced, and that in so doing parol evidence may be resorted to when the- language of the will is doubtful or uncertain, there is no room…

2Cited by8 opinions

  1. Snellings v. DownerSupreme Court of Georgia · 1942
  2. Citizens & Southern National Bank v. ClarkSupreme Court of Georgia · 1931
  3. Smith v. UsherSupreme Court of Georgia · 1899
  4. Ragan v. National City BankSupreme Court of Georgia · 1933
  5. Timberlake v. MunfordSupreme Court of Georgia · 1997

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