dissenting.
I would reverse because the will is not ambiguous. The will states that the property “shall go to an appropriate government agency, charity or foundation to be selected by my attorney, ... for use as a public park.” If the selected government agency is unwilling to accept the property for use as a public park, then the property “shall go to the UNIVERSITY OF GEORGIA for the uses specified.” The will does not require Mrs. McFarlane’s attorney to offer the property to a second government agency, charity, or foundation if the entity initially selected refuses to accept the property.
Mrs. McFarlane’s attorney offered the property to the Chattahoochee River National Recreation Area of the National Park Service, an appropriate government agency, for use as a park; the agency declined the offer. Because the agency he selected was unwilling to accept the property for use as a park, the property should go to the University of Georgia. The probate court abused its discretion in ordering the attorney to offer the property to another appropriate agency with the capability of creating a public park. Therefore, I dissent.