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Abrams v. Massell

The parties' contract to make a will was not void under O.C.G.A. § 13-8-1, because it did not require the parties to perform any illegal or immoral act and was not founded upon such consideration.

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We granted an interlocutory appeal to defendants David Abrams, Janet Abrams, and Judith Abrams, co-executors of the estate of Bernard W. Abrams, to consider whether the trial court erred in denying their motion for summary judgment in Doreen Massell’s suit to enforce a contract to make a will. Massell cross-appeals, contending the trial court should have granted her motion for summary judgment and enforced the contract. For the reasons that follow, we find the contract enforceable as a matter of law and affirm in part and reverse in part the trial court’s order denying the parties’ cross-motions for summary judgment.

A03A1434

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