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248 Ga. 770

Thomas v. Dawson

Supreme Court of Georgia

Decided January 7, 1982

Supreme Court of Georgia · decided 1982-01-07

Relies on Oetjen v. Diemmer

Decided 1982-01-07

Jordan, Chief Justice.

¶1The testator bequeathed and devised all of his property to his wife “for and during her natural lifetime, with remainder at her death to my foster child, Clifford Dawson, in Fee Simple.” The testator’s wife predeceased him.

¶2The trial court correctly held that Clifford Dawson took the testator’s estate upon the death of the testator. This case is controlled by the general rule that “where there is a devise to one for life, with remainder to another,. . . the remainder is not extinguished by the death of the life-tenant before the death of the testator.” Oetjen v. Diemmer, 115 Ga. 1005, 1007 (42 SE 388) (1902); 1 Redfearn, Wills and Administration in Georgia, 4th Ed., § 180; 96 CJS Wills 1045, § *7711204.b.

Decided January 7, 1982.Tom J. Crosby, for appellants.J. Robert Morgan, for appellee.

¶3Judgment affirmed.

All the Justices concur.
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