144 Ga. 543 | Ga. | 1916
A testator had nine children, two of whom predeceased him, each leaving a child. He made a will in which liis children and grandchildren were beneficiaries. The second item of the will was as follows: “I will that after my just debts are paid, as provided in item one of this will, that my executor shall soon thereafter select thi'ee disinterested freeholders who will divide my land into the number of shares as I may have children and grandchildren then living, the grandchildren to receive only the share that their deceased parent would have received under an equal distribution of my estate; and when this division is made, then the same shall be reduced to writing and signed by said freeholders, and then filed for record in the office of the clerk of the superior court of said county, and the part so allotted to each child or grandchild shall be by my executor turned over to each of them, and they shall hold and-enjoy the same for and during their natural lives, with the remainder over to their children; should either of my children die without issue, then their portion at their death shall be equally divided among any other children and descendants of children then living; the purpose of this will being to give the portion to be allotted, as aforesaid, to each of my said children and grandchildren, as a home for them for and during their 'natural lives, with remainder over to their children and my grandchildren, — the purpose being that the title
2. The judgment, being in accordance with the foregoing ruling, is
Affirmed.