reglab/housing_qa huggingface dataset:
GA Code § 53-4-56 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-56. Construction of Wills; Parol Evidence

 In construing a will, the court may hear parol evidence of the circumstances surrounding the testator at the time of execution to explain all ambiguities, whether latent or patent.    (Code 1981, §53-4-56, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 80 Am. Jur. 2d, Wills, § 1114.   C.J.S.   - 95 C.J.S., Wills, § 599. 96 C.J.S., Wills, §§ 834, 892, 893.   ALR.    - Devise or bequest to beneficiary designated only as one who shall render specified service or occupy specified position or status, other than mere relationship, 38 A.L.R. 775.    Construction and effect of provisions of will regarding abatement of legacies or devises in event of insufficiency of assets to pay all in full, 101 A.L.R. 704.    Incorporation of extrinsic writings in will by reference, 144 A.L.R. 714; 173 A.L.R. 568.    Designation of legatee or devisee by abbreviation, 153 A.L.R. 486.    Effect of error in mentioning the number who are to take under a devise or legacy to persons described as a class, 173 A.L.R. 1012.   Term "next of kin" used in will, as referring to those who would take in cases of intestacy under distribution statutes, or to nearest blood relatives of designated person or persons, 32 A.L.R.2d 296.   Admissibility of subsequent declarations of settlor to aid interpretation of trust, 51 A.L.R.2d 820.   Person entitled to devise or bequest to "husband," "wife," or "widow,", 75 A.L.R.2d 1413.   Conclusiveness of testator's statement as to amount of debt or advancement to be charged against legacy or devise, 98 A.L.R.2d 273.   Admissibility of extrinsic evidence to clarify location of real property devised in a will, 16 A.L.R.3d 386.   Admissibility of extrinsic evidence to identify stocks, bonds, and other securities disposed of by will, 16 A.L.R.3d 432.   Admissibility of extrinsic evidence to determine whether fee or absolute interest, or only estate for life or years, was given, 21 A.L.R.3d 778.   Effect upon testamentary nature of document of expression therein of intention to make more formal will, further disposition of property, or the like, 46 A.L.R.3d 938.   Effect of gift to be disposed of "As Already Agreed" upon or the like, 85 A.L.R.3d 1181.
GA Code § 53-4-57 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-57. Partial Illegality of Will

 If a will is illegal in part, the part that is legal may be sustained; but if the whole will so constitutes one testamentary scheme that the legal portion alone cannot give effect to the testator's intention, the whole will shall fail.    (Code 1981, §53-4-57, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004).   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, §§ 7, 8, 589, 592 et seq.   C.J.S.   - 95 C.J.S., Wills, §§ 194, 195.   ALR.    - Prosecution of action or claim against estate by beneficiary as forfeiture of share in will by virtue of clause therein so providing, 30 A.L.R. 1014.    Validity and construction of statutes discountenancing donations, testamentary or otherwise, between persons living in concubinage or otherwise sustaining immoral relations, 62 A.L.R. 286.    Validity, construction, and effect of express provisions in will for severance of good from bad in event of partial invalidity, 80 A.L.R. 1210.    Validity of provision in deed or other instrument creating a cotenancy that neither tenant shall encumber or dispose of his interest without consent of the other, 124 A.L.R. 222.   Interlineations and changes appearing on face of will, 34 A.L.R.2d 619.   Effect of invalidity of provision conditioning testamentary gift upon divorce of beneficiary, on alternative provision conditioning gift upon spouse's death, 74 A.L.R.3d 1095.
GA Code § 53-4-58 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-58. Failure to Provide for Living Child Believed Dead

 If at the time of execution of the will the testator fails to provide in the will for a living child of the testator solely because the testator believes the child to be dead, the child is entitled to receive a share in the estate as follows:    If the testator had no other child living at the time the will was executed, an omitted child receives a share equal in value to that which the child would have received had the testator died intestate but only to the extent that any provision in the will to or for the benefit of the surviving parent of the omitted child is not thereby reduced; or   If the will contains testamentary gifts to one or more other children of the testator, an omitted child is entitled to receive the share of the estate that the child would have received had the testator included all omitted children with the children to whom testamentary gifts were made under the will and had given an equal share to each child. To the extent feasible, the interest granted an omitted child must be of the same character, whether legal or equitable, present or future, as that left to the testator's other children under the will. In satisfying the share for the omitted child, the shares of the other children shall abate ratably, preserving to the maximum extent possible the testamentary plan adopted by the testator.     (Code 1981, §53-4-58, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For article discussing the pretermitted heir, see 10 Ga. L. Rev. 447 (1976). For article advocating repeal of this Code section, or amendment to eliminate relief for all mistakes but belief in the existence of an heir, see 11 Ga. L. Rev. 297 (1977). For note, "Wills - Mistake of Fact as to the Existence or Conduct of an Heir," see 1 Ga. St. B.J. 543 (1965).   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, § 399 et seq.   8B Am. Jur. Pleading and Practice Forms, Descent and Distribution, § 1.   C.J.S.   - 95 C.J.S., Wills, § 344.   ALR.    - Mistake as to one's interest in land under law of descent as subject of relief, 39 A.L.R. 194.   Pretermitted heir statutes: what constitutes sufficient testamentary reference to, or evidence of contemplation of, heir to render statute inapplicable, 83 A.L.R.4th 779.
GA Code § 53-4-59 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-59. Specific, Demonstrative, General, or Residuary Testamentary Gifts

 Testamentary gifts may be specific, demonstrative, general, or residuary. A specific testamentary gift directs the delivery of property particularly designated. A demonstrative testamentary gift designates the fund or property from which the gift is to be satisfied but nevertheless is an unconditional gift of the amount or value specified. A general testamentary gift does not direct the delivery of any particular property. A residuary testamentary gift includes all the property of the estate that is not effectively disposed of by other provisions of the will.    (Code 1981, §53-4-59, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For article discussing problems in construction of instrument conveying gift to a group or class, see 6 Ga. St. B.J. 169 (1969). For article surveying wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 66 Mercer L. Rev. 231 (2014).   RESEARCH REFERENCES   Am. Jur. 2d.   - 80 Am. Jur. 2d, Wills, § 1294 et seq.   C.J.S.   - 97 C.J.S., Wills, § 1655 et seq.   ALR.    - When legacy is regarded as demonstrative, 6 A.L.R. 1353; 64 A.L.R.2d 778.    What included in terms "notes," "securities," etc., in a bequest, 52 A.L.R. 1097.    Effect of designation of particular property in residuary clause of a will, 128 A.L.R. 822; 72 A.L.R.2d 1170.    Disregarding corporate entity, or charging a specific legacy of stock of close corporation, in order to pay general legacy for which assets of estate are otherwise insufficient, 144 A.L.R. 546.    Title of, or right to possession by, specific legatee prior to order or decree of distribution, 150 A.L.R. 91.    Validity and effect of devise of a "house," or "lot," etc. (there being two or more) or devise of specified acreage or other quantity out of a larger tract or from testator's estate, with or without a right of selection expressed, 157 A.L.R. 1129.   Satisfaction or ademption of general legacy by inter vivos gift, transfer, or payment to the legatee or another, 26 A.L.R.2d 9.   When legacy is regarded as demonstrative, 64 A.L.R.2d 778.   Change in stock or corporate structure, or split or substitution of stock of corporation, as affecting bequest of stock, 46 A.L.R.3d 7.
GA Code § 53-4-60 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-60. Income, Profit, or Increase of Specific Testamentary Gifts

 The income, profit, or increase of specific testamentary gifts, as a general rule, goes with the gift though the time of enjoyment or vesting may be postponed.    (Code 1981, §53-4-60, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For article, "The Time Gap in Wills: Shifting Assets and Shrinking Estates - Obsolescence and Testamentary Planning in Georgia," see 6 Ga. L. Rev. 649 (1972). For note, "Determining Principal and Income Allocation in Georgia Trusts," see 8 Ga. St. B.J. 564 (1972).   RESEARCH REFERENCES   Am. Jur. 2d.   - 80 Am. Jur. 2d, Wills, §§ 1356, 1357.   C.J.S.   - 97 C.J.S., Wills, § 1684 et seq.   ALR.    - Time at which interest is payable under will or contract providing for payment of interest, 10 A.L.R. 997.    Who entitled to rent on death of landlord, 31 A.L.R. 4.    Income during administration as part of value of estate on which succession tax is to be computed, 32 A.L.R. 850.    What included in terms "notes," "securities," etc., in a bequest, 52 A.L.R. 1097.    Title of, or right to possession by, specific legatee prior to order or decree of distribution, 150 A.L.R. 91.    Disposition and rights in respect of surplus income from trust in excess of amount directed to be paid to, or required for support of, beneficiaries during trust period, 157 A.L.R. 668.   Term "proceeds" in will or other trust instrument as indicating intention as to whether assets are to constitute principal or income, 1 A.L.R.2d 194.   "Divide and pay over" rule, for purpose of determining vested or contingent character of estate, 16 A.L.R.2d 1383.   Bequest of bank deposits, stocks, bonds, notes, or other securities as carrying dividends or interest accruing between testator's death and payment of legacy, 15 A.L.R.3d 1038.   Testamentary devise or bequest conditioned upon beneficiary's supporting or rendering services to named person as providing for condition subsequent or precedent, 25 A.L.R.3d 762.   Change in stock or corporate structure, or split or substitution of stock of corporation, as affecting bequest of stock, 46 A.L.R.3d 7.   Extent of rights of surviving spouse who elects to take against will in profits of or increase in value of estate accruing after testator's death, 7 A.L.R.4th 989.   Proper disposition under will providing for allocation of express percentages or proportions amounting to more or less than whole of residuary estate, 35 A.L.R.4th 788.
GA Code § 53-4-61 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-61. Time at Which General or Demonstrative Testamentary Gift Bears Interest

  A general or demonstrative testamentary gift usually bears interest at the legal rate after the expiration of 12 months from the death of the testator; provided, however, that when a general or demonstrative testamentary gift is to be paid at a later time or upon a later event, it bears no interest until such time or event.   The general rule described in subsection (a) of this Code section yields to the equity and necessity of a particular case if the condition of the estate as to the payment of debts and testamentary gifts is doubtful or if the fund out of which the testamentary gift is to be paid is unavailable for all the charges made upon it or if any other equitable circumstance intervenes.     (Code 1981, §53-4-61, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For article, "The Time Gap in Wills: Shifting Assets and Shrinking Estates - Obsolescence and Testamentary Planning in Georgia," see 6 Ga. L. Rev. 649 (1972). For note, "Determining Principal and Income Allocation in Georgia Trusts," see 8 Ga. St. B.J. 564 (1972).   RESEARCH REFERENCES   Am. Jur. 2d.   - 80 Am. Jur. 2d, Wills, § 1358.   C.J.S.   - 97 C.J.S., Wills, § 2002 et seq.   ALR.    - Time at which interest is payable under will or contract providing for payment of interest, 10 A.L.R. 997.    Right to interest on legacy as affected by contest of will, 75 A.L.R. 179.
GA Code § 53-4-65 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-65. Disposition of Lapsed or Void Testamentary Gift of Residuum

  A lapsed or void testamentary gift of realty or personalty shall become part of the residuum.   A lapsed or void gift of the residuum shall be deemed a part of the share of the other residuary beneficiaries in proportion to their original shares of the residuum. If there are no other residuary beneficiaries, a lapsed or void gift of the residuum shall pass by intestacy.     (Code 1981, §53-4-65, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-4-67 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-67. Exchange, Loss, Theft, Destruction, or Condemnation of Testamentary Gift

  If the testator exchanges property which is the subject of a specific testamentary gift for other property of like character, or merely changes the investment of a fund so given, the testator's intention shall be deemed to be to substitute the one for the other, and the testamentary gift shall not fail.   If, within six months prior to the testator's death, property which is the subject of a specific testamentary gift is lost, stolen, or destroyed, and if such loss, theft, or destruction is covered, wholly or in part, by insurance, the specific beneficiary has the right to any proceeds of such insurance that are unpaid at the testator's death or, if any such proceeds have been paid prior to the testator's death, to a pecuniary gift equal to the amount of the proceeds so paid. The foregoing provisions shall also apply if the property is damaged but not destroyed, except that the amount of the insurance proceeds or the pecuniary gift to be paid to the specific beneficiary shall be reduced by the cost of any repairs made to the damaged property by the testator or the testator's personal representative.   If, within six months prior to the testator's death, property which is the subject of a specific testamentary gift is taken by condemnation, the beneficiary has the right to any award for such condemnation unpaid at the testator's death or, if any such award has been paid prior to the testator's death, to a pecuniary gift equal to the amount of the award so paid.     (Code 1981, §53-4-67, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For article, "The Time Gap in Wills: Shifting Assets and Shrinking Estates - Obsolescence and Testamentary Planning in Georgia," see 6 Ga. L. Rev. 649 (1972).   RESEARCH REFERENCES   Am. Jur. 2d.   - 80 Am. Jur. 2d, Wills, §§ 1167, 1475.   C.J.S.   - 96 C.J.S., Wills, § 1171 et seq.   ALR.    - Substitutional legacy or devise as affected by original legatee's or devisee's renunciation, 157 A.L.R. 1104.   Change in stock or corporate structure, or split or substitution of stock of corporation, as affecting bequest of stock, 46 A.L.R.3d 7.
GA Code § 53-4-68 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-68. Conditions That Are Impossible, Illegal, or Against Public Policy; Conditions in Terrorem

  Conditions in a will that are impossible, illegal, or against public policy shall be void.   A condition in terrorem shall be void unless there is a direction in the will as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the will shall be carried out, except as otherwise provided in subsection (c) of this Code section.   A condition in terrorem shall not be enforceable against an interested person for:   Bringing an action for interpretation or enforcement of a will;   Bringing an action for an accounting, for removal, or for other relief against a personal representative; or   Entering into a settlement agreement.       (Code 1981, §53-4-68, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-15/HB 865.)    The 2020 amendment,  effective January 1, 2021, added ", except as otherwise provided in subsection (c) of this Code section" at the end of subsection (b); and added subsection (c).   Law reviews.   - For article surveying developments in Georgia wills, trusts, and administration of estates law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 307 (1981). For survey article on wills, trusts, guardianships, and fiduciary administration for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003).   RESEARCH REFERENCES   ALR.   - Effect of testamentary gift to child conditioned upon specified arrangements for parental control, 11 A.L.R.4th 940.
GA Code § 53-4-69 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-69. Election by Beneficiary With Claim Adverse to Will

 A beneficiary taking under a will shall allow all the provisions of the will to be executed as far as the beneficiary can. A beneficiary who has a claim adverse to the will shall be required to elect whether to claim under the will or against it. However, the mere fact that the beneficiary is also a creditor shall not necessitate an election.    (Code 1981, §53-4-69, enacted by Ga. L. 1996, p. 504, § 10.)   Cross references.   - Equitable principles governing elections between benefits, § 23-1-24.   RESEARCH REFERENCES   ALR.   - Extent of rights of surviving spouse who elects to take against will in profits of or increase in value of estate accruing after testator's death, 7 A.L.R.4th 989.   What constitutes transfer outside the will precluding surviving spouse from electing statutory share under Uniform Probate Code § 2-301, 11 A.L.R.4th 1213.   Validity and enforceability of provision of will or trust instrument for forfeiture or reduction of share of contesting beneficiary, 23 A.L.R.4th 369.
GA Code § 53-4-70 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-70. Election by Beneficiary Owning Testamentary Gift of Property

  When a testator has attempted to make a testamentary gift of property that is not the testator's own and has also given a benefit to a person to whom the property belongs, the person shall elect to take either under the will or against the will.   An election pursuant to subsection (a) of this Code section shall not be required if:   The will itself, from other causes, is not effective in passing title to the property in question;   The testator has an interest in the property in question upon which the will may operate;   The testamentary gift shows that the testator intended to give the property only in the event that the testator's own title was good; or   The benefit given to the person called upon to elect is not from the testator's own property but is by virtue of a power of appointment in the testator.       (Code 1981, §53-4-70, enacted by Ga. L. 1996, p. 504, § 10.)   Cross references.   - Equitable principles governing elections between benefits, § 23-1-24.    Applicability of section to deeds, § 44-5-37.   RESEARCH REFERENCES   ALR.    - Revocation of election to take under or contrary to will, 81 A.L.R. 740; 71 A.L.R.2d 942.    Right to accept one devise or bequest under will and renounce another, 91 A.L.R. 607.    When one to whom policy of insurance on life of testator is payable is put to his election as between his right under the policy and his right to take under provision for his benefit in will, 110 A.L.R. 1317.    Doctrine of election or estoppel as applicable as against beneficiary of will where provision for other beneficiary is invalid, not for reasons personal to former, but because of statute or public policy, 112 A.L.R. 377.    Validity of election to take under or against will as affected by the fact that it was filed before probate of will or grant of letters, 120 A.L.R. 1270.    Doctrine of election as applicable where testator after the execution of the will transferred to one beneficiary the subject of a specific devise or bequest to another, 147 A.L.R. 735.    Necessity of election between will and contract by testator to leave property at death, 152 A.L.R. 898.    Does surviving spouse who elects against will take by way of distributive share or by way of inheritance from deceased spouse, 160 A.L.R. 429.   Election to take against will as extinguishing power of appointment, 38 A.L.R.2d 977.   Election by spouse to take under or against will as exercisable by agent or personal representative, 83 A.L.R.2d 1077.   Factors considered in making election for incompetent to take under or against will, 3 A.L.R.3d 6.   Time within which election must be made for incompetent to take under or against will, 3 A.L.R.3d 119.
GA Code § 53-4-71 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-71. Compensation to Defeated Beneficiary Electing Against Will

 If, pursuant to Code Sections 53-4-69 and 53-4-70, an election is made against the will, the defeated beneficiary shall be entitled to compensation out of the property bequeathed to the person who made the election, up to the value of the defeated testamentary gift.    (Code 1981, §53-4-71, enacted by Ga. L. 1996, p. 504, § 10.)   Cross references.   - Equitable principles governing elections between benefits, § 23-1-24.    Applicability of section to deeds, § 44-5-37.
GA Code § 53-4-72 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-72. Passing of After-Acquired Property

 All property owned by the testator at death that was acquired subsequent to the making of a will shall pass under the will if the provisions of the will are sufficiently broad to embrace the property.    (Code 1981, §53-4-72, enacted by Ga. L. 1996, p. 504, § 10.)