157 Ga. 171 | Ga. | 1924
(After stating the foregoing facts.)
Upon a review of the record as summarized in the foregoing
It may be that the contingent remainder in the legacy of Marion W. Estill, vesting upon his death without children in Holbrook T. Estill, could have been conveyed by deed. Civil Code, §§ 3676, 3677; Morse v. Proper, 82 Ga. 13 (8 S. E. 625); Collins v. Smith, 105 Ga. 525 (31 S. E. 449); Sumpter v. Carter, 115 Ga. 893 (42 S. E. 324, 60 L. R. A. 274); Isler v. Griffin, 134 Ga. 192 (67 S. E. 854). See also Parker v. Jones, 57 Ga. 204 (3); Nathans v. Arkwright, 66 Ga. 179; Lathrop v. White, 81 Ga. 29 (6 S. E. 834). It is also true, as insisted, that Holbrook T. Estill would be es-topped to deny the deed or any term of the contract adverse to his
It is insisted in the intervention that the trustee, the Citizens and Southern Bank, had made certain payments to Holbrook T. Estill which were the property of the plaintiff in error, which amounted to more than his half of his undivided interest in his father’s estate as described in the codicil, in that the trustee had turned over to him certain money and $15,000 worth- of stock;
There is another reason why the intervention could not include the payment made prior to the execution of the deed or contract between the parties. It appears from the record that the plaintiff in error was a party defendant in the cause at the time the court entered a decree that disposed of all of the questions in the case and adjudicated all issues except the construction of the
It is insisted by the plaintiff in error that in any event she was entitled to the right of an accounting, which the decree of the chancellor denied. I think the chancellor was right. There could be no accounting as to the interest of Holbrook T. Estill in the estate of his father which was undoubtedly conveyed by the contract of September 19, 1908, because by silently assenting to the decree of August 16, 1922, the plaintiff in error waived an accounting as to that. The plaintiff in error had no right to an accounting as to the interest of Holbrook T. Estill which depended upon the contingency of Marion W. Estill dying without children, because, as decreed (and for the reasons hereinbefore stated, correctly), she had not purchased that interest. One who has never had any interest in a fund which is before the court for distribution has no right, either legal or equitable, to an accounting.
Judgment affirmed.