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Mathews, administratrix, v. Rowland

Supreme Court of Georgia1923-09-08No. No. 3491
156 Ga. 312

Authorities cited

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Opinion

majority opinion

Pee Cueiam.

1. The sole issue in this ease is the proper construction of the terms of a will devising described land. The law of the case was settled when the case was before this court on a former occasion (Rowland v. Mathews, 153 Ga. 849, 113 S. E. 442), where a full statement of the case will be found. Reference is also made to that case for a full discussion of the legal principles involved. When the case was again tried the court directed a verdict in accordance with the decision of this court.

2. Error is assigned on the refusal of the court to admit certain- evidence as to the sayings and declarations of the testator. This oral evidence was not admissible to change the terms of the will, the same not being ambiguous; and therefore the court did not err in excluding it.

3. There being no conflict in the evidence, and that introduced with all reasonable deductions or inferences therefrom demanding a finding in favor of the plaintiff, the court did not err in directing a verdict accordingly. Civil Code (1910), § 5926.

Judgment affirmed.

All the Justices concur.