168 Ga. 859 | Ga. | 1929
One phase of this case was before this court on a former occasion (Coleman v. Hodges, 166 Ga. 288 (142 S. E. 875). It was there held that the court of ordinary was without jurisdiction to construe the will of the decedent. The present case involves the proper construction of the will of James E. Coleman, which is set out fully in the foregoing statement of facts, and the application of what is known as the war-risk insurance act of Congress. By item 3 of his will the -testator devised and bequeathed to his brother, Wade H. Coleman, all of his interest in the property belonging jointly to testator and his brother under the name of W. H. & J. E. Coleman, consisting of farm lands, cattle, mules, and farming implements, located upon the farm, the same being testator’s undivided half interest of the property belonging to the above named firm. Item 4 of testator’s will is as follows: “I further devise and bequeath to my said brother, Wade H. Coleman, all other property, both real and. personal, of which I may die seized and possessed. It is understood that any insurance that may be in force upon my life shall provide upon the face the beneficiary thereof, and it is my desire that same be paid as so designated.” The record discloses that at the time the testator executed his will he had a policy of insurance in an'“old-line company,” payable to his sister, Mattie Coleman; and it was paid to her accordingly. There is no contention as to that insurance policy. Subsequently to the execution of his will the testator secured war-risk insurance in the amount of $10,000 and “made it payable as provided in the war-risk insurance act, and designated his mother, Mrs. Mattie Jones Kirkland, the beneficiary thereof.” This appears from the agreed statement of facts. Mrs. Mattie J. Kirkland, the beneficiary named in the application for the war-risk insurance, died on February 5, 1926, not having received the entire amount of the war-risk insurance at the time of her death, and the balance thereof was collected and received by the administrators de bonis non cum testamento annexo of the estate of James E. Coleman. The contest arises here between the heirs at law of James
Judgment reversed.