148 Ga. 522 | Ga. | 1918
In March, 1889, William Stevens executed his will, and in August of the same, year a codicil. -The testator died, and his will was duly probated. Item 2 of the will'provided: “I give, bequeath, and devise to my beloved wife, Susan B. Stevens, ten thousand ($10,000.00) dollars, to be taken by her in money or in any real estate I may own at my death, as she may prefer; but in the event I do not own at my death a sufficient amount of property to pay all the legacies given in this my will, five thousand ($5,000.00) dollars of said amount shall be held by her for life, and, at her death, revert to my estate, and be disposed of as hereinafter directed; otherwise she shall receive and hold the whole of said ten thousand ($10,000.00) absolutely. I also give, bequeath, and devise to my said wife my house' and lot in the •town of Sparta where I now live, for life only.” Item 8 provided: “I desire'and' direct that should any of the property given to my wife by the 2d item of this my will return to my estate at my [her] death, the same shall be prorated among the other legatees, except as provided with reference to the legacies in the 7th item above.” Item 9 provided: “Should my estate, at my death, fall short of the aggregate amount disposed of this my will, my wife’s legacy shall not abate, but every other legacy shall abate proportionally. Should my estate exceed, in amount, the legacies herein given, every legacy except those given and named in the 7th item shall be increased proportionally.” Items 3, 4, 5, 6, and 7 provided for the payment of money to numerous named
1. W. W. Stevens had only an equitable interest in the house and lot.
2. Under the terms of the will it devolved upon the executors to sell the house and lot and distribute the proceeds thereof among the various' legatees ratably.
3. The judge did not err in sustaining the claim of the executor.
Judgment affirmed.