If a will is illegal in part, the part that is legal may be sustained; but if the whole will so constitutes one testamentary scheme that the legal portion alone cannot give effect to the testator's intention, the whole will shall fail.
(Code 1981, §53-4-57, enacted by Ga. L. 1996, p. 504, § 10.)
Law reviews.- For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004).
COMMENTThis section carries over former OCGA Sec. 53-2-4.
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 113-108, are included in the annotations for this Code section.
Cited in Lawson v. Hurt, 217 Ga. 827, 125 S.E.2d 480 (1962).
RESEARCH REFERENCES
Am. Jur. 2d.
- 79 Am. Jur. 2d, Wills, §§ 7, 8, 589, 592 et seq.
C.J.S.- 95 C.J.S., Wills, § 194, 195.
ALR.
- Prosecution of action or claim against estate by beneficiary as forfeiture of share in will by virtue of clause therein so providing, 30 A.L.R. 1014.
Validity and construction of statutes discountenancing donations, testamentary or otherwise, between persons living in concubinage or otherwise sustaining immoral relations, 62 A.L.R. 286.
Validity, construction, and effect of express provisions in will for severance of good from bad in event of partial invalidity, 80 A.L.R. 1210.
Validity of provision in deed or other instrument creating a cotenancy that neither tenant shall encumber or dispose of his interest without consent of the other, 124 A.L.R. 222.
Interlineations and changes appearing on face of will, 34 A.L.R.2d 619.
Effect of invalidity of provision conditioning testamentary gift upon divorce of beneficiary, on alternative provision conditioning gift upon spouse's death, 74 A.L.R.3d 1095.