Stewart v. Ray, 289 Ga. 679

Summary

The Supreme Court of Georgia affirmed a probate court's interpretation of a decedent's will as requiring equal distribution of personal property and the residuary estate among his eight children. The court held that the phrase "to my eight children, per stirpes" identified the children as primary legatees entitled to equal shares, while the executor's discretion concerned the manner of distributing property rather than the ability to distribute the estate unequally. The court also upheld the determination that the executrix exceeded her discretion by directing annuity payments and estate assets to herself to the exclusion of her siblings.

Holdings

1. The will required each of the decedent's eight children to receive an equal share of the relevant personal property and residuary estate; descendants of a deceased primary legatee would take that legatee's representative share.
2. Stewart did not have discretion under Items III and IV to distribute the bulk of the estate to herself while excluding her seven siblings.

Questions Presented

1. Whether the phrases "to my eight (8) children, per stirpes" and related provisions in the will required equal distribution of the decedent's personal property and residuary estate among his eight children.
2. Whether the probate court erred in determining that Stewart acted beyond her discretion by distributing the bulk of the estate to herself to the exclusion of her siblings.

Disposition

affirmed