First Presbyterian Church v. Price

280 S.E.2d 830, 248 Ga. 38, 1981 Ga. LEXIS 895
CourtSupreme Court of Georgia
DecidedJuly 14, 1981
Docket37264; 37265; 37333
StatusPublished
Cited by1 cases

This text of 280 S.E.2d 830 (First Presbyterian Church v. Price) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First Presbyterian Church v. Price, 280 S.E.2d 830, 248 Ga. 38, 1981 Ga. LEXIS 895 (Ga. 1981).

Opinion

Hill, Presiding Justice.

This is a will construction case. May Evins Gilfillan died on May 2, 1963. Her will created a life estate in all of her real and personal property for Elsie Evins Kersey, her sister, who died on August 15, 1979. Following the death of the life tenant, Julian Price, Sr., as [39]*39executor, filed a petition for construction of the will and direction as to the proper distribution of the estate.

After providing that her debts be paid, the testatrix provided as follows:

“ITEM TWO. If my sister, MRS. ELSIE EVINS KERSEY, survives me, I give, devise, and bequeath to her, for her to have, hold, use and enjoy, for so long as she shall live following my death, all my property of every kind and description, both real and personal, and wherever located, and including the income therefrom from the time of my death until her death.
“ITEM THREE. Upon the death of my sister, or upon my death, should she be deceased at that time, my Executors shall distribute all of my estate, the rest, residue, and remainder of my property of every kind and description, both real and personal, and wherever located, including any lapsed or void legacy or devise and any property ever [sic] which I may have the power of disposition or appointment, as hereinafter set forth.
“ITEM FOUR. I give, devise, and bequeath to MRS. JOHN I. GOSSETT a life interest in my property at 863 Gordon Street, S. W., which is now leased to Mr. Ullman. Upon the death of Mrs. John I. Gossett, I give, devise, and bequeath the remainder interest in this property, in fee simple, to MRS. JULIAN PRICE, SR.
“ITEM FIVE. I give, devise, and bequeath to DAVID G. PRICE, in fee simple, my property at 861 Gordon Street, S. W., which is now leased to Mr. Bowen.
“ITEM SIX. I give and bequeath the sum of TEN THOUSAND & NO/100 ($10,000.00) DOLLARS in cash, which my Executors shall invest in a home to be selected by LUM BROOM and his wife, PETRONIA BROOM, and deeded to them in fee simple provided they are still our employees.
“ITEM SEVEN. I give and bequeath the sum of TWENTY THOUSAND & NO/100 ($20,000.00) DOLLARS in cash to the First Presbyterian Church of Atlanta as a ‘Room Fund’ memorial gift. I direct that a suitable brass marker plate be provided to identify the gift as being made
IN MEMORY
‘The Three Sisters’
MRS. MAY EVINS GILFILLAN
MISS DOLLIE EVINS
MRS. ‘PET’ EVINS KERSEY
“ITEM EIGHT. I give and bequeath to JOHN F. GILFILLAN, Rome, Georgia, TEN THOUSAND & NO/100 ($10,000.00) DOL[40]*40LARS in cash, upon the condition that he will search for and locate his brother’s grave and will have same put in good condition and marked with a suitable headstone. I authorize my Executors to pay the cost and allow reasonable time for the search to be made and the condition of this bequest to be put into effect. The TEN THOUSAND & NO/100 ($10,000.00) DOLLARS is not to be distributed by my Executors until the condition has been fully discharged.
“ITEM NINE. I give and bequeath the sum of FIVE HUNDRED & NO/100 ($500.00) DOLLARS in cash to each of the following, if they are in life or existence: [Eleven individual and two charitable beneficiaries are named.]
“ITEM TEN. I give and bequeath the sum of ONE THOUSAND & NO/100 ($1,000.00) DOLLARS in cash to each of the following, if they are in life or existence: [Nine individual and six charitable beneficiaries are named.]
“ITEM ELEVEN. I give and bequeath the sum of TWO THOUSAND & NO/100 ($2,000.00) DOLLARS in cash to each of the following, if they are in life or existence: [Three individual and two charitable beneficiaries are named; one individual; ‘our paper carrier’, is to receive the bequest ‘for his education.’]
“ITEM TWELVE. I give and bequeath the sum of THREE THOUSAND & NO/100 ($3,000.00) DOLLARS in cash to PETRONIA BROOM, if she is still our employee.
“ITEM THIRTEEN. I give and bequeath the sum of FIVE THOUSAND & NO/100 ($5,000.00) DOLLARS in cash to each of the following, if they are in life or existence: [Four individual and three charitable beneficiaries are named; one of the individuals is Mrs. John I. Gossett who is also named in items 4 and 14; another individual named herein is Clyde Chapman, testatrix’s attorney and scrivener of the will.]
“ITEM FOURTEEN. All my household furniture and furnishings, books, pictures, objects of art, silverware, jewelry, clothing, and such personal effects and any automobile I may own at the time of my death, I give and bequeath to MRS. JOHN I. GOSSETT. In the interim between the date of this Will and my death it is my intention to express to her my wishes as to what disposition she may make of particular items of such personal effects as given to her in this Item, having full faith and confidence in her that she will consider and respect my wishes in the matter. I prefer to handle this Item in this manner because of the doubtful money value of many of said items. Many of the items are gifts from friends and relatives and do have a very great sentimental value. I feel I can best express this to Ethel and she will in making disposition thereof remember such [41]*41statements as I shall make to her.
“ITEM FIFTEEN. After the foregoing gifts, devises, and bequests have been paid or satisfied in full by my Executors, should there remain in their hands any remainder, I give, devise, and bequeath such residue and remainder to the various beneficiaries and charities hereinbefore named to be distributed to them by my Executors after dividing the same on the basis of the ratio of the amount given to each beneficiary and charity as hereinbefore listed, except that the charities shall participate on the ratio of Three (3) to One (1) to the other beneficiaries. All values used in making the computations required under this Item shall be the values used on the Federal Estate Tax Return to be filed by my Executors.
“ITEM SIXTEEN. I hereby constitute and appoint my sister as Executor of this Will, if she survives me. Should my sister cease to act or fail to become my Executor for any reason, I hereby constitute and appoint and substitute for her as my Executors, JULIAN PRICE, SR., and MRS. JOHN I. GOSSETT.”

The rest of the will provides for the powers of the executors, and sets forth an in terrorem clause which provides that if any beneficiary contests the validity of the will or any provision thereof, then the benefits for such beneficiary are revoked and such benefits “shall go to the charity beneficiaries of this Will to be divided on the basis of the ratio of the amount given to each as hereinabove listed.” Lastly, the will requests that the executors employ Clyde Chapman to probate the will and represent the estate. The residuary estate amounts to about $561,421.

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Related

Wetherbee v. First State Bank & Trust Co.
466 S.E.2d 835 (Supreme Court of Georgia, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
280 S.E.2d 830, 248 Ga. 38, 1981 Ga. LEXIS 895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-presbyterian-church-v-price-ga-1981.