Murphy v. Murphy
151 Ga. 438 | Ga. | 1921
1. The persons who, under the deed in question, were to take remainder interests not being certain until the death of the life-tenant, the remainder interests were contingent, and could not become vested until the death of the life-tenant. Darnell v. Barton, 75 Ga. 377.
2. The words “representatives of such children, if any,” as used in the deed, mean children of deceased children of the life-tenant, and do not include the wife of a child who predeceased the life-tenqnt, leaving no children. See Cushman v. Coleman, 92 Ga. 772 (2), 774 (19 S. E. 46); Civil Code (1910), § 3660.
3. Applying the above rulings to the facts alleged in the petition, the court erred in overruling the demurrer.
Judgment reversed.