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IN RE: ESTATE OF SUSIE BELL KELLEY

CourtCourt of Appeals of Georgia
Docket No.A26A1482
DecidedSeptember 10, 2026
JudgesBarnes, P. J., Markle, and Hodges, JJ.
Tags
ProbateEstate AdministrationWill ConstructionIn Terrorem ClauseBeneficiary Status
Case Summary

Susie Bell Kelley’s will named her daughter Carol Horne as executor but was unclear about when grandchildren of children who predeceased Kelley could inherit. Horne challenged a probate ruling on the heirs and enforcement of the will’s in terrorem clause against relatives who contested her appointment. The Court of Appeals held that the will was ambiguous and that the probate court should consider parol evidence of Kelley’s intent before deciding which grandchildren were beneficiaries and whether the clause applied. It reversed part of the order, vacated another part, and remanded for that inquiry.

Opinion

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