148 Ga. 312 | Ga. | 1918
(After stating the foregoing facts.)
1. The motion for new trial contains more than one ground to the effect that the court erred in not stating the contentions of the defendant correctly; that the contentions were stated in a manner calculated to confuse the jury. This is a common-law suit in ejectment. The defendant filed only a plea of not guilty. There is no amplification by way of amendment setting out the conten
2. The following instrument in writing was admitted over the objection of the defendant, to wit: “In the name of God, Amen: I, S. G. Chandler, being feeble in body but sound in mind and memory, do hereby give and bequeath to my daughter, Anna Medlin, that portion of land upon which she now resides. The lines to be run so as to embrace between 3 and 4 acres, and to run as designated by me and as understood by these present.. In the event she dies without heirs, the land to revert to the, original estate. (His mark) S. G. Chandler.”
“I. W. Vinson. A. C. Chandler. T. J'. Croley. E. Chandler.
“This July 37th, 1878.”
“Recorded under affidavit of T. J. Croley, June 1st, 1881.”
The ground of objection was that, if offered as a deed, “the description contained therein was insufficient to pass title,” and if offered as a will, “its execution and probate had not been shown.” If this instrument was construed to be a will, it was error to admit the same in evidence without proof of its probate. If it was construed to be a deed and admitted in evidence as such, this was erroneous, because the description of the land is not sufficiently definite to constitute a valid conveyance. The instrument purports to convey “that portion of land upon which she [Anna Medlin] now resides.” If this were all, the particular tract might, possibly be identified by extrinsic evidence; but the instrument further provides : “The lines tote run so as to embrace between 3 and 4 acres ancf to run as designated by me and -as understood ty these present.” This provision leaves the'quantity of land wholly indefinite. It is to be somewhere between 3 and 4 acres; the lines are to be run
3. Error is assigned on the following instruction <to the jury: “If you are satisfied Mrs. Butts died without heirs and there was no administration on her estate, and Mr. Butts, her husband, was sole heir at law, the court charges you under those circumstances he would be entitled to recover.” The only criticism of the charge is to the effect that the court tells the jury “that they must believe there is no administration on the estate of Mrs. Butts before Mr. Butts can recover,” and that there is no evidence to support the charge. The excerpt quoted is not technically correct as embodying the whole law on the question; furthermore, it was unnecessary to instruct the jury that they must believe there was no administration on the estate of Mrs. Butts unless the estate owed debts. Where the wife dies intestate and childless and-leaves no debts, the husband is entitled to possess and control her estate without administration. Civil Code, §§ 3930, 3931 (1); Powell on Actions for Land, § 114. The law favors directness rather than
4. The ruling stated in the fourth headnote requires no elaboration.