154 Ga. 832 | Ga. | 1923
(After stating the foregoing facts.) Item 4 of‘the will of Gartner Joyce is as follows: “ I desire and direct that at the death of my beloved wife, Hester Joyce, provided she should survive me, that all of the property of which I may die possessed, and the increase thereof, shall be retained and managed by my executors hereinafter mentioned, for the support and maintenance of my said beloved daughters that are then unmarried, and that said property shall be retained for the exclusive benefit of such as remain unmarried, so long as they are unmarried, until the last of said daughters shall either marry or die. The true intent I have in this item is to secure a home and support for my wife during life and for my daughters so long as they remain unmarried.” Item 7 of the will is as follows: “ I desire and direct that when my said beloved wife shall have died, should she survive me, and when all of my daughters shall have married or died, that all of the property then remaining to my said estate shall be equally divided, share and share alike, between all my children; and in case any of my children shall have died leaving a child or children, then said child or children to stand in place of the deceased parent and draw that share to which said parent would have been entitled to if in life.”
The trial judge, to whom was submitted the case on the foregoing statement of facts, rendered judgment in favor of the defendant, H. A. Young as guardian of Edna E. Young, against C. B. DeVane as administrator of the estate of Gartner Joyce,deceased. We do not know upon what theory the court below based
But the view we take of this case is this: Under items 4 and 7 of the will of Gartner Joyce, his widow and unmarried daughters took a life-estate, with a provision that the executor should retain
In view of the authorities cited and of what has been said, it it unnecessary to consider whether the executor was also a trustee with the title in him as such, as contended, against whom prescription will run. If the title to the remainder interest in the land vested in his children at testator’s death, as we hold it did, then
Judgment affirmed.