57 Ga. 211 | Ga. | 1876
Thomas & Company levied a fi. fa. upon a tract of land as the property of Howard for life. It was claimed by Crawford, as trustee, under the will of Mrs. Jessup. By that will, the rents, issues and profits were to be paid by Crawford to Howard, but the corpus was to be preserved to go to Howard’s children, should he leave any; and if he left no children, then to the children of Mrs. Crawford. Crawford, who was executor as well as trustee, by the will, put Howard in possession of the land to use the rents, issues and profits thereof in discharge of the legacy due him under the will. The court charged the jury that the life estate of Howard was not subject to levy and sale, and the jury found accordingly, and the single question presented for us to review is, was this charge right under the will of Mrs. Jessup and the possession of Howard? The testatrix bequeathed the property to Crawford with these controlling words in the third item of the will:
Judgment affirmed.