Legal Opinion

Davant v. Shaw

Supreme Court of Georgia

Decided May 8, 1950No. 17067, 17068PublishedCited by 14 opinions

1Opinion of the Court

Head, Justice.

In the construction of wills precedents are of but little or doubtful value, since no two wills are alike and each is a law unto itself. McGinnis v. Foster, 4 Ga. 378; Cook v. Weaver, 12 Ga. 47 (3); Comer v. Citizens & Southern National Bank, 182 Ga. 1, 5 (185 S. E. 77). There are general rules of law, however, to guide the court in the construction of all wills. It is the duty of the court to ascertain the intention of the testator, and give effect thereto, unless it violates some fixed rule of law, and in ascertaining the intention of the testator, sentences may be transposed,…

2Cases cited13 opinions

  1. Thomas v. OwensSupreme Court of Georgia · 1908
  2. Cook v. WeaverSupreme Court of Georgia · 1852
  3. Comer v. Citizens & Southern National BankSupreme Court of Georgia · 1935
  4. McGinnis v. FosterSupreme Court of Georgia · 1848
  5. Fraser v. DillonSupreme Court of Georgia · 1887

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Estate of Bowling v. CommissionerUnited States Tax Court · 1989
  2. Houston v. CoramSupreme Court of Georgia · 1959
  3. Aiken v. AikenSupreme Court of Georgia · 1953
  4. McClelland v. JohnsonSupreme Court of Georgia · 1955
  5. Springer v. CoxSupreme Court of Georgia · 1966

9 more not listed; retrieve them via the Exa API.

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