152 Ga. 48 | Ga. | 1921
Under the terms of the will Ellen Geiger, after-wards Ellen Pendergrass, a grandchild of the testator, took fee simple title to the land in question, defeasible upon her dying without child or children. Curles v. Wade, 151 Ga. 142 (106 S. E. 1). In the same item of the will it is further provided that on the occurrence of the event just mentioned the property devised to her "shall go to the other legatees named in this will, . . that is to say, to my children and grandchildren, to be divided between them as provided in Article 3rd above.”
Inasmuch as the ’plaintiffs in error, great-grandchildren of the testator, could not take this property by inheritance from Ransom Aken, his deed having conveyed whatever interest he might have had, the remaining question is whether they could take under the provisions in the will in favor of grandchildren; in other words, does the term “grandchildren” include “great-grandchildren,” the plaintiffs in error insisting that under the terms of the will the testator intended to include great-grandchildren.
Judgment affirmed.