115 Ga. 874 | Ga. | 1902
The children of Mrs. Lucinda A. Trammell brought an action of ejectment ■ against Inman. They claimed title as purchasers or remaindermen under a marriage settlement entered into between their mother and father in 1846. That marriage settlement constituted Dickerson H. Walker trustee of the mother, and in it she conveyed to him all her right, title, and interest in the estate of her deceased husband and in the estate of her deceased father, with remainder after her death to her children if any should be living. These plaintiffs are the only children or descendants of children surviving her. The marriage settlement, after conveying the interests above mentioned, also undertook to convey “the interest which the said Lucinda A. may now have or at any future time acquire . . in and to the property of any other person or persons, by virtue of any gift, devise, or conveyance of any kind whatsoever made to the said Lucinda A., or which she may at any time hereafter be entitled to by law.” This marriage settlement was introduced in evidence as part of the plaintiffs’ title. Plaintiffs also introduced a grant of this land from the State and a chain of deeds from the grantee to Jones. They also introduced a deed from Jones to Walker. This deed conveyed to “Dickerson H. Walker, trustee of Mrs. Lucinda A. Trammell,” “ his heirs and assigns,” the land in dispute; “to have and to hold unto him the said Dickerson H. Walker, trustee as aforesaid, his heirs and assigns, . . to his and their own proper use, benefit, and behoof forever in fee simple.” It closed with a warranty to “ the said Dickerson H. Walker, trustee as aforesaid, his heirs and assigns.” The plaintiffs also offered in evidence an application of Walker as trustee, praying for leave to sell this land, in which application Mrs. Trammell joined, and an order granted by the superior court allowing the trustee to sell. Upon objection of the defendant, this evidence was excluded. The plaintiffs closed their case, and the court, upon motion of defendant, granted a nonsuit. The plaintiffs excepted.
Judgment affirmed.