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Swanson v. Swanson

Supreme Court of Georgia
514 S.E.2d 822 (1999)


George Swanson died testate. George’s will created two trusts. Both trusts gave George’s wife Gertrude a life estate, with the remainder going to their nine children (defendants). Both trusts also provided that, if any of the nine children died before Gertrude, then that child’s surviving children would get the child’s share. Bennie Swanson was one of the nine children. Bennie died before Gertrude. Bennie had no children, but he was survived by his wife, Peggy Swanson (plaintiff). Peggy was the sole beneficiary under Bennie’s will. After Gertrude’s death, Peggy Swanson sued for a declaration of her rights under the trusts. The trial court found Peggy was not entitled to Bennie’s remainder interest in the trusts. Peggy appealed.

Rule of Law


Holding and Reasoning (Fletcher, C.J.)

Dissent (Sears, J.)

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