216 Ga. 379 | Ga. | 1960
J. N. Hirsch executed a will on July 11, 1928, which was subsequently probated in solemn form in the Court of Ordinary of DeKalb County. By such will he gave his wife his entire estate, subject to a year’s support, for and during her natural life, and expressly provided that she should personally have and use all of the net income which the estate produced annually. He named her sole executrix of his will so long as she was in life. He provided in his will that Samuel M. Hirsch, Lewis I. Hirsch, and Harold D. Hirsch, his three sons, should be the executors of his will after the death of his wife, and he bequeathed to them the entire annual net income of his estate after the death of his wife, and provided that, on the death of the last surviving son, the corpus of his estate should then' be divided in a specified manner among his grandchildren. Individually and as executors, his three sons filed a petition in the Superior Court of DeKalb County asking for construction of his will and direction to them as such representatives. Their petition alleges that the testator’s wife, Till-ie Hirsch, is dead, that she annually received the net income from his estate during her life, and that they, upon her death and pursuant to the terms of his will, each qualified as an executor of his will. The petition named all of the grandchildren of the deceased as defendants. At the time of filing their petition, Susanne L. Hirsch — one of the defendants — was a minor, and Joseph J. Fine was appointed guardian ad litem for the purpose of appearing for and representing her in said proceeding, and he qualified as such. The will clearly states that the testator’s estate is to be held intact during the life of the testator’s
The terms and provisions of the testator’s will clearly show that it was his intention that the corpus of his estate be held intact for the ultimate benefit of his grandchildren, and that his wife, during her lifetime and his three sons, who are the plaintiffs in this proceeding, should, after her death, personally have and receive annually the entire net income of his estate. It seems very clear to' us from an examination of the testator’s will that any profit arising from a sale of capital assets of his estate became a part of the corpus of
Judgment reversed.