30 Ga. 707 | Ga. | 1860
By the Court.
delivering the owinion.
1. For the reasons given in the case of Burton vs. Black, decided during the present Term, we do not think that this will ci’eates an estate-tail in the children of the testator, and we think the limitations over in favor of the survivors are valid.
2. The only other question is, have the events happened on which those limitations are to take effect? We think that in the case of Albert, they have, and that in the case of William, whose administrator is suing, they have not. The share of each child is to go over to the survivors, if he dies before arriving at age or without issue. Albert died before arriving at age and without issue, and his share clearly goes over. Before passing from his share, I will state what goes over, and to whom it goes. He took one-fourth of the tes
Judgment reversed.