Snellings v. Downer

Jenkins, Justice.

“When called upon to construe a will, the court may hear parol evidence of the circumstances surrounding the testator at the time of its execution; so the court may hear parol evidence to explain all ambiguities, both latent and patent.” Code, § 113-807. But if the terms of a will when legally construed are plain and unambiguous, parol evidence can not be received for the purpose of showing an intention contrary to that which the language when properly construed necessitates. Erwin v. Smith, 95 Ga. 699 (22 S. E. 712); Hill v. Hill, 161 Ga. 356, 359 (130 S. E. 575), and cit.;…