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Georgia Court of Appeals Enforces ‘Unambiguous’ Language of Deed

August 2, 2011

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In Greene v. Greene, the Georgia Court of Appeals considered the effect of a deed that provided that an executrix and her husband took real property “as tenants in common, for and during their joint lives, and, upon the death of either of them, then to the survivor of them, in fee simple, together with every contingent remainder and right of reversion, and to the heirs and assigns of said survivor.”  The trial court had determined that the deed conveyed to the executrix and her husband a joint tenancy with a right of survivorship and, the husband having died, further determined that the executrix was the “sole owner” of the property.  The Court of Appeals affirmed in part and reversed in part.

Georgia Supreme Court Applies Florida Law in Bequest of Florida Real Property

July 11, 2011

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In the third time Melican v. Parker has come before the Georgia Supreme Court, a 4-to-3 majority of the Court ruled that Florida law applied to determining whether a contract of sale not consummated prior to death causes an ademption when the questioned gift bequeathed in a Georgia will is real property located in Florida.

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