154 Ga. 496 | Ga. | 1922
E. N. Beynolds et al. brought suit against J. B. Dolvin, to recover a certain described tract of land to which plaintiffs claim title under the will of their grandfather, William
Dolvin demurred to the petition, on the grounds, that it set forth no cause of action; and that the plaintiffs’ father did not acquire a life-estate in the land, but took a base or qualified fee, subject to be divested should he die without issue; that the petition showed that he died leaving issue, and therefore it appeared from the petition that the base or qualified fee so taken by him was never divested by the happening of the contingency named in the will, but ripened into an absolute fee-simple title upon his death with issue, which title the defendant acquired by warranty deed from William E. Reynolds. The court sustained the demurrer and dismissed the petition. The plaintiffs excepted.
The plaintiffs claim title to the land in controversy under the 5th item of the will of their grandfather, which is as follows: “ The remainder of my real estate to be equally divided between my children, viz.: J. R. Reynolds, W. E. Reynolds, J. A. Reynolds, Mary W. Corry, and Alice Wright; the land to be divided into five lots, each lot to be valued by three or five men chosen by the executors, and drawn for by the legatees. If either of the above-named children die, leaving no child or children, their portion of. said land to be divided between the other children or grandchildren then in life; said land not to be disposed of by them in . any way except renting or leasing, and not subject to be sold for any debts they may contract. All personal property (not given to my wife) to be sold, and the proceeds of the perishable property with the notes and money (if there be any) to be equally divided 'between my children as soon after my decease as my executors may deem best and proper.” The plaintiffs contend that, under the above clause of the will of their grandfather, their father, William E. Reynolds, took only a life-estate in the land devised, with remainder over to the plaintiffs, who are the children surviving W. E. Reynolds at the time of his death. It .was conceded by
Judgment affirmed.