138 Ga. 613 | Ga. | 1912
(After stating the facts.) Hnder the allegations of the petition, the written instrument executed by J. F. Huff is to be given effect and construed according to the words and terms thereof, inasmuch as subsequently to the death of J. F. Huff all of his children joined in the execution of the other written instrument conveying to Mrs. Martha Huff, the widow of J. F. Huff, “all and singular the rights” to the property purporting to have been conveyed to her by the instrument first set forth above. It is conceded in the petition brought by the complainants that this deed which all the children of J. F. Huff joined in executing was
It will be noted in the excerpt from the instrument quoted in the decision cited, that the bequest of property to the legatee was followed by the expression “for and during her natural life,” which does not occur in the instrument which we have under consideration in the present case. And in discussing the item of the will involved in Darnell’s case this court said, in the case of Hudgens v. Wilkins, 77 Ga. 555, after quoting that item of the will in full: “'It was only what remained of personalty and realty of every sort of property that was to be sold and divided by the executors; it was only that left of the corpus that was then — at the death of -the widow — undisposed of; it was only “all the remainder of my said property” that was to be sold and divided. Nothing may have remained. The event of any remainder was uncertain. What the entirety left would be was uncertain; what each would get was thus equally uncertain. So that there was nothing to vest until the mother’s death; nothing certain; not an item of property, and it could not vest until ascertained. To ascertain it the executors were to act; to sell it and divide it was devolved upon them; and it is inconceivable that the event’ of any remainder at all necessarily would happen. It is upon the uncertain contingency of such an event that any proceeds of any property would be subject to such sale and division by the executors.”
It appearing from the petition that Mrs. Martha Huff during her life conveyed the property in controversy to the defendant in this case, and it not appearing therefrom that this conveyance was not made for the purpose of procuring a support for herself as contemplated in the deed of her husband, J. F. Huff, the petition showed on its face that the complainants had no title to the property which they sought to recover, and the court properly dismissed the petition on general demurrer.
Judgment affirmed.