O&B Prevails in GA Supreme Court

Orr & Brown LLP recently secured a substantial victory in a will construction case. In See v. Mitchell, the Supreme Court of Georgia affirmed a ruling of the Superior Court of Cherokee County which had gone in favor of O&B’s client, the Samoyed Club of America Research Foundation (SCARF). SCARF had been named as both a specific beneficiary and residuary beneficiary in a last will and testament. Against the contention of the decedent’s family members that SCARF was not entitled to a portion of the residuary estate after distribution of specific bequests, O&B successfully contended in the trial court that the same clause that awarded a specific bequest to SCARF had also awarded a portion of the residuary estate of the decedent. On July 14, 2010, the Supreme Court issued its decision, upholding in all respects the ruling of the trial court, thus assuring that SCARF shall receive not only the specific bequest, but a portion of the residuary.  A copy of the Court’s opinion can be viewed here.

This entry was posted in news. Bookmark the permalink. Both comments and trackbacks are currently closed.