Supreme Court of Georgia

Piccione v. Arp, Exr.

October 16, 2017

Summary

The Georgia Supreme Court affirmed the trial court’s denial of summary judgment, holding that the phrase “PER CAPITA” in Virginia Arp’s will created a limitation requiring each named child to survive the testator, causing Donna’s gift to lapse and precluding the anti‑lapse statute from applying. Accordingly, the Picciones had no vested interest in the estate.