174 Ga. 143 | Ga. | 1932
Frank Price and Alden Price brought their petition against the State Highway Board of Georgia and others, seeking injunction and other relief. The defendants filed a demurrer, on which the court passed the following order: “Hpon the consideration of the demurrer, it is admitted by all parties that the only question to be passed upon is, whether S. M. Price had the power under the will attached to the petition, and whether he exercised the power, in conveying to the Highway Board. After considering the same the demurrer is overruled, and the petitioners be allowed to proceed to assess their damage, if they are entitled to the same.” To this judgment the defendants excepted.
It is alleged that the Highway Board and the other defendants named “ claim the right to go and take petitioners’ land by virtue of a deed from S. M. Price to the State Highway Board.” Nancy A. Price, the wife of S. M. Price, the grantor in the deed reierred to, while in life and owning the land over Avhich the highway is being constructed, made a will in which she devised the land to
The only question arising for adjudication, as the case stands before us, is whether the instrument thus executed by Price conveyed the title to the land to the Highway Board, in view of the terms of the will of Mrs. Price. Of course the deed conveyed to
In view of what is said above and the rulings made in the decisions by this court upon questions similar to that here, we are of the opinion that the power conferred upon the executor in Mrs. Price’s will, contemplated only a bona fide and valid sale upon a sufficient valuable consideration, and did not authorize the trustee to make a sale or a conveyance of the land “as a gift, or upon a nominal consideration.” And in this case the. transfer of the land was a gift, or a sale upon merely a nominal consideration. It is not necessary to go into the question as to whether or not the making of the deed in question was in execution of the powers contained in the will. It follows that the court did not err in overruling the demurrer. Judgment affirmed.