86 Ga. 181 | Ga. | 1890
In 3859, Alexander Kemp made his will and appointed his wife and his son, W. W. Kemp, and another?, executors. The testator devised to his son William certain land to be delivered to him when and as soon as he should become 21 years of age, and not before. The executors were directed to permit his son to use the land without charge for waste so long as be should live, not subject, however, to his debts or contracts, “nor to. be-rented even by him/'5' hut to use it as á home whenever he might think fit, “-and after his death then share aud share alike to his children, and should any child or children of his he dead at the time of his death, their issue to take the share such dead child or children would have tafeen had they been alive, in fee simple.55’
W. W. Kemp qualified as' the sole executor of this will, and upon the death of his father, went into possession of the land. In 1869, Kemp applied as trustee to. the judge of the superior court for leave to, sell this land and to reinvest the proceeds in other laud. Leave was granted by the judge; and he sold the land to Taylor, the defendant; but it does not appear whether
2. The 6th and 7th grounds of the motion complain that the court ruled that the prescriptive title of the defendant did not commence to run against the plaintiffs until after the death of W. W. Kemp, the father, and unless seven years had elapsed since Ms death, it appealing that none of the plaintiffs had become twenty-one years old more than seven years before the bringing of the suit. We have already decided, in passiug upon the preceding- grounds, that W. W. Kemp had only a life-estate in this land. Under the will, he was to have only the use of it during his life, and after his death it ivas to go to his children or grandchildren as the case may be. Such was the rule in the case of Pearce v. Goodrich, 83 Ga. 781, and the authorities there cited; and this court has held in several cases, recently in the case of Bagley v. Kennedy, 81 Ga. 721, that the statute did not commence to run against the remaindermen until the death of the life-tenant. So we think the court was right in holding that Kemp, the father, had only a life-estate, and that the statute did not commence to run against his children until after his death.'
3. The 8th ground complains that the court held that the sale from W. W. Kemp, executor, to the defendant, under the deed of November 10th, 1869, was invalid as against the remaindermen, although it was conceded that the defendant was a bona, fide purchaser
4. The defendant’s pleas having been stricken, and the ruling of the court upon the other pleas having been correct, the court did not err in directing the jury to find a verdict for the plaintiff, as complained of in the 9th ground of the motion. Judgment affirmed,.