Piccione v. ArpAnnotate this Case
Gregory and Adam Piccione (“the Picciones”), grandchildren of testator Virginia Arp (“Virginia”) and children of Donna Piccione (“Donna”), appealed the superior court’s denial of their motion for summary judgment in this action against their three uncles, Sam and Dwayne Arp, individually and in their capacities as executors of Virginia’s estate, and David Arp. The Picciones contended they had a combined one-fourth interest in the property that comprised Virginia’s estate and sued in superior court, asserting actions for conversion, fraud, and trespass regarding those property interests, and moved for summary judgement. The trial court denied their motion, concluding that Virginia’s use of the words “PER CAPITA” in the phrase: “I give, bequeath and devise unto my children, Sam Arp, Donna Piccione, David Arp and Dwayne Arp, all of the property that I may own at the time of my death, both real and personal, of every kind and description and wherever located, PER CAPITA” was a “limitation” under the anti-lapse statute, OCGA § 53-4-64 (a); the anti-lapse provisions of the statute therefore did not apply to the gifts to Virginia’s children; as Donna predeceased Virginia, the testamentary gift to Donna lapsed; and thus, the Picciones had no property interest upon which to base their claims. Finding no reversible error in that judgment, the Georgia Supreme Court affirmed the trial court’s judgment.