Boston v. Boston

Ingram, Justice.

This is a will construction case from Bartow County and the facts are not in dispute. This court must decide if the construction made by the trial court of the will and codicil of the late Mrs. Zonie Boston is correct under Georgia law. The trial court determined that the testamentary provisions in question granted only a defeasible fee in certain property rather than an absolute fee simple interest in the property. Appellant contends this was an erroneous construction and appellees contend it was correct.

The item of the will for construction reads as follows: "Item Four. I…