147 Ga. 5 | Ga. | 1917
1.- A trust deed executed in 1873, conveying certain described land, contained the following in the habendum clause: “To have and to hold the aforegranted premises to said Robert A. Ballenger, his heirs and assigns, in trust nevertheless for the sole and separate use of the said Georgia A. Ballenger, wife of said Robert A. Ballenger, for and during her natural life, and at her death to such children as she may leave living at the time of her death, share and share alike; and if she shall die leaving no child or children at the time of her death, then to said Robert A. Ballenger, or, if said Robert A. Ballenger shall die before said Georgia A. Ballenger, to her heirs at law; with power to said Georgia A. Ballenger to empower-the said Robert A. Ballenger, by writing under her hand, to sell any part or the whole of said trust estate and to reinvest the proceeds in such other property, subject to
(a.) Under the deed the trustee represented only the life-estate, and not the remainder interest. Fleming v. Hughes, supra.
(a) The power was to sell the trust estate, and the trust estate was only a life-estate.
Judgment reversed.