168 Ga. 790 | Ga. | 1929
1. Where real estate is granted to a person when or as soon as he shall attain a given age, or when an event shall happen which may never occur at all, or at, or upon, or from and after his attaining such age, or the happening of such event, and there are no other words indicative of an intent to confer a vested interest, and nothing in the form of a limitation itself to indicate an intent merely to delay the vesting in possession or enjoyment, and no disposition of the intermediate income, the interest of the grantee will be contingent until he attains the age specified, or the event described has happened. If futurity is annexed to the substance of the gift, the vesting is suspended; but if it appears to relate to an intent merely to delay vesting in possession or enjoyment of the grant, the grant vests instanter. Cogburn v. Ogleby, 18 Ga. 56, 58; Bowman v. Long, 23 Ga. 243; Allen v. Whitaker, 34 Ga. 6; In re Paxon’s Estate, 241 Pa. 452 (88 Atl. 673, L. R. A. 1915C, 1009, and note).
2. But where income by way of maintenance, education and support, of otherwise is given to the grantee in the meantime, the grant, notwithstanding the gift appears to be postponed, vests immediately upon the execution and delivery of the instrument creating it.
3. The appointment of a trustee for the infant grantee is one of the main facts in favor of the vesting of the grant. Bromstrom v. Wilkerson, 7 Ves. Jr. 421; Bowman v. Long, supra.
4. A grantor conveyed to a company as trustee, “its successors and assigns, in fee simple,” certain parcels of real estate, in trust that “the net income from the entire trust estate, after paying all necessary
Judgment affirmed.