145 Ga. 858 | Ga. | 1916
The action is for partition of land, and the correctness of the judgment under review turns upon a construction of two deeds. On -October 6, 1884, a deed was executed by S. H. Gay, conveying certain lands to his son, John C. Gay, “as trustee for his legal heirs.” The tenendum clause was as follows: “To have and to hold the said bargained premises unto the said John C. Gay, trustee as aforesaid, and his legal heirs, with all and singular the rights, members, and appurtenances thereunto belonging to the same or in any wise appertaining forever in fee simple.” On August 10, 1891, S. H. Gay executed a deed to other land to his son, John C. Gay, “for and during his natural life, and at his death the said property hereinafter described to be equally divided between the heirs at law of the said John C. Gay. Said John C. Gay has no right or power or authority to sell or otherwise dispose of said property, but the power is vested in said John C. Gay to sell and dispose of the rents and profits arising from same; said property described as follows. . . This deed is made and the same is accepted upon the following conditions, and in no other wise: No title to -said property or any portion of same is to vest in the said John -C. Gay, but only the rents, profits, and proceeds arising from same. Said John C. Gay is to have the full control and management of said property, but in no case to sell or otherwise dispose of said property.” 'The grantor warranted
Judgment reversed.