§ 53-2-112 - (Pre-1998 Probate Code) Election by devisee or legatee owning property devised or bequeathed
O.C.G.A. 53-2-112 (2010)
53-2-112. (Pre-1998 Probate Code) Election by devisee or legatee owning property devised or bequeathed
(a) When a testator has attempted in his will to devise or bequeath property which is not his own and has also given a benefit to a person to whom that property belongs, the person shall elect to take either under or against the will.
(b) An election pursuant to subsection (a) of this Code section shall not be required if:
(1) The will itself, from other causes, is not effective in passing the title to the property in question;
(2) The testator has an interest in the property in question upon which the will may operate;
(3) The legacy or devise shows that the testator intended to give the property only in the event that his own title was good; or
(4) The benefit given to the person called upon to elect is not from the testator's own property but is by virtue of a power of appointment in him.