147 Ga. 739 | Ga. | 1918
Frank T. Ryan, executed his will on January 8, 1907, and died on June 23, 1907. The portions of the will material to a correct construction of it in deciding this case are as follows: “Item 2. I hereby declare and do by this instrument constitute my beloved children, viz., Annie Louise and Paul Ryan, my legal and sole heirs, they to receive equally the entire benefit of my estate; excepting the bequests and specific directions hereinafter made and mentioned in this instrument, for the support and maintenance of my afflicted son, Frank T. Jr., and other bequeaths.” Item 6 directs that the testator’s investments in real estate be kept together and intact, “as the same will afford a certain and regular income to support my three children,” etc. With the exception of the sale of his residence, the testator directed that “the rest of my real estate remain as it now is, and will be at the time of my death.” Item 7 is as follows: “I desire, and by this clause most positively direct, that under no circumstances shall my nephews, viz., Charles R., Lewis W., W. H., and David B. Ryan, or any of their issue, receive the slightest benefit from any portion of my estate; only shall my children, and heirs of their body. Should it •happen that my children should die, and that without issue, and there be no heirs of mine remaining, then I direct that the property of my estate remaining shall be kept up as formerly; and after paying the
Judgment affirmed.