215 Ga. 312 | Ga. | 1959
Josiah M. McKie, Sr., and his wife Lillian McKie separated in 1935. She sued him for alimony in 1950, and on May 27 of that year, and by a contract which was subsequently made the judgment of Richmond County Superior Court, he gave her $1,500 in cash, the remainder interest in 115 acres of land, paid her attorney $200 for services rendered her in the alimony proceeding, and gave her the right to purchase the remaining 25 acres of land he owned, at and for the best bona fide offer he might thereafter receive for it from any third person, provided she elected to purchase it within 15 days after receiving written notice from him of such offer; and the settlement contract also provides that his life estate in the 115-acre tract will immediately terminate and vest in her if she purchases the 25-acre tract from him. On July 20, 1950, he executed a will, by the terms of which he bequeathed his entire estate, including the 25-acre tract, to W. H. McKie, Sr., his nephew. Subsequently and during 1951, he received an offer of $10,000 for the 25-acre tract from W. H. McKie, Sr. He notified his wife of the offer and called her attention to her right to purchase it at that price within 15 days, and she refused to exercise her right of purchase, claiming that the offer he had was not a bona fide one. On February 21, 1951, he conveyed the tract to W. H. McKie, Sr., by a warranty deed,
Judgment affirmed.