112 Ga. 758 | Ga. | 1901
To the levy of an execution in favor of Gracie A. Taylor against C. EL H. W. Sheppard and Gracie A. A. Sheppard, upon lands in Washington county, a claim was interposed by T. L. Brown, and was tried in the superior court of that county. The claimant admitted that the defendants in fi. fa. were in possession of the land when the judgment was rendered and when the execution was levied. A deed was introduced by claimant from C. EL EL W. Sheppard, conveying the land in dispute to himself as trustee for his wife, Gracie A. A. Sheppard, “and the children now begotten and hereafter to be begotten by said C. EL H. W. Sheppard.” The deed stipulated that the trustee, during his life, should have full control, power and authority to sell or dispose of the land conveyed, without first obtaining any order or judgment of court, and that he should have further power to make such investment of the proceeds of the sale as he might decide upon, without accountability. This deed was executed September 1, 1884, and was duly recorded. At the time of its execution the grantor and his wife had one child, who subsequently died. Claimant also introduced in evidence a deed to the property in dispute from C. H. EL W. Sheppard, trustee, to T. L. Brown, reciting that it was for a valuable consideration, and that it conveyed the property covered by the deed of September 1, 1884, from Sheppard to himself as trustee for his wife and their children, begotten and to be begotten. It appeared on the trial that Sheppard and his wife had then no living
Judgment affirmed.