61 Ga. 647 | Ga. | 1878
The widow of the testator, who was executrix, had, by the will, an estate in the land for her life, with remainder equally to all of the children. Her life estate, as to some of the land, she thought proper to relinquish, and bring that much of the land to sale for the purpose of a present distribution among the children deemed entitled. She testified at the trial that “the reason that I.relinquished my life estate and consented to the sale of the land was because Tom Babun told me he had no interest in the land, and I wanted to give my other children possession.” She further testified : “I was present in Mr. Morgan’s office when the calculation was made by which the money was afterwards divided between the heirs of Zacliariah Babun. Thomas B. Babun said at that time that he had no interest in the land, as he had received his part, and told Mr. Morgan to leave him out. It was the general understanding of us all that he had received his part of the land.” Hillman Babun, one of the sons, testified : “I was in Mr. Morgan’s office at the time mentioned, and heard Thomas B. Babun tell Morgan that he had received his part of the' land, and to leave him out. We ali were acting under the impression that Thomas had received his part of the land and had no
Judgment reversed.