BANNER v. VANDEFORD et al., 293 Ga. 654

Summary

The father's will named defendant as executrix. It provided that the father was "extremely disappointed" in plaintiffs and that each of them was to receive a specific bequest in the amount of $10. Defendant was not given a specific bequest. Defendant argued that the probate court should have interpreted the will so as to distribute the residue to her alone inasmuch as the father demonstrated his faith in her by naming her as executrix and entrusting her with power to administer the estate. The court held that the will did not express the testator's desire to disinherit plaintiffs, and the father was charged with knowledge of its contents under O.C.G.A. § 53-4-21. Therefore, the residue of the father's estate passed through the laws of intestacy in O.C.G.A. § 53-4-65(b). The probate court did not err in refusing to permit the attorney who drafted the will to testify that the father wished defendant to inherit the remainder of the estate; parol evidence was inadmissible because the will ...