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James Simmons Et Alv.Sharon Haege England, Executrix

CourtCourt of Appeals of Georgia
Docket No.A13A0537
DecidedJuly 16, 2013
JudgesCourt of Appeals of Georgia
Tags
CivilBusiness LawProperty LawAppellate ProcedureStatutory InterpretationReversalRemandDissent
Case Summary

James Simmons and Elery Stinson, former employees of Robert Haege, sought a declaration that Haege's will gave them interests in property used in his art business. The superior court ruled that Haege's sole proprietorship had no separate business property and denied the bequest. The Georgia Supreme Court transferred the appeal after deciding that the dispute concerned whether property existed, rather than the meaning or validity of the will. The Georgia Court of Appeals reversed. It held that the will's separate bequest of all business interests, tangible and intangible, was not limited to member certificates in a limited partnership that Haege never formed. Treating the nonexistent certificates as defeating the entire gift would make the broader business-interests sentence meaningless, contrary to the rule that a will should be read as a whole and each provision given effect when possible. The court acknowledged that Haege had commingled business and personal accounts, titled commercial property in his own name, and used personal loans, but held that those facts presented identification questions for the factfinder. The case was remanded to determine which assets filled the business-interests bequest. Judge Doyle concurred only in the judgment, and Judges Boggs and Branch dissented.

Opinion

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