From Casetext: Smarter Legal Research

Gill v. Bassett

Supreme Court of Georgia
Sep 3, 1974
208 S.E.2d 443 (Ga. 1974)

Opinion

28799.

SUBMITTED APRIL 5, 1974.

DECIDED SEPTEMBER 3, 1974.

Construction of will. Screven Superior Court. Before Judge Hawkins.

L. H. Hilton, for appellants.

W. J. Millican, III, for appellees.


This is an appeal from a judgment construing a will. Appellants contend that appellee, Mary W. Bassett as executrix and as an individual, is not entitled to receive a specific bequest of personalty and two specific devises of realty set forth in the will of the testatrix.

Appellants' position is based on the fact that Mary W. Bassett is the daughter of Woodrow Waters, and Item Five of the will which followed earlier items that made the bequest and devises to Mary W. Bassett provided: "Having provided for my son, Woodrow Waters, during his lifetime, I leave nothing to his heirs." Item Six of the will named Mary W. Bassett executrix of the estate.

The trial judge held that Mary W. Bassett, even though she was the daughter and an heir-at-law of Woodrow Waters, was entitled to the specific bequest and devises made to her in Items Two, Three, and Four of the will.

We affirm the judgment. Mary W. Bassett was the granddaughter of the testatrix; in the three items of the will preceding Item Five she was specifically named as legatee and devisee; and in Item Six she was specifically named executrix of the estate. The fact that Item Five of the will stated that the testatrix left nothing to the heirs of Woodrow Waters does not have the effect of voiding the specific bequest and devises to his daughter, one of his heirs-at-law.

It is elementary that the intention of the testatrix is to be determined from a consideration of the entire will. Here, though Item Five is inconsistent with the other four items mentioned, the other four items heavily outweigh Item Five in determining the true intention of the testatrix. See Rogers v. Highnote, 126 Ga. 740 ( 56 S.E. 93) (1906).

Judgment affirmed. All the Justices concur.


SUBMITTED APRIL 5, 1974 — DECIDED SEPTEMBER 3, 1974.


Summaries of

Gill v. Bassett

Supreme Court of Georgia
Sep 3, 1974
208 S.E.2d 443 (Ga. 1974)
Case details for

Gill v. Bassett

Case Details

Full title:GILL et al. v. BASSETT et al

Court:Supreme Court of Georgia

Date published: Sep 3, 1974

Citations

208 S.E.2d 443 (Ga. 1974)
208 S.E.2d 443

Citing Cases

Osofsky v. Board of Mayor Commissioners

OCGA § 21-2-2 (32).Williams v. Williams, 226 Ga. 734, 736 (2) ( 177 S.E.2d 481) (1970), overruled on other…

Aiken Asphalt c. Co. v. Winn

Appellant enumerates that "The lower court erred in granting summary judgment to the appellees as to the…