90 Ga. 650 | Ga. | 1893
Thé instrument offered in evidence recites that the husband of the maker died intestate, leaving her his sole heir-at-law; that he intended to divide his estate at his death so as to give half of the personalty to her and the other half to his brother and nephew, Oba Brown and William S. Brown; and that she was to have all the land during her life or widowhood, except one hundred acres on the east side of the river, and that the tract on the west side was to be given to Rebecca McGee and her children; that this intention was expressed in a paper which her husband wrote but failed to execute as his will. After stating that she reserves to herself certain personalty and a life-estate in all the land, except one hundred acres “to be run off to Edy and her children,” and that to carry out her husband’s wishes she gives now to said Oba Brown and Wm. S. Brown the remainder of the personalty said deceased died seized of, and to said Edy one hundred acres of land, the instrument concludes as follows :
“And to further carry out my deceased husband’s wishes, I do at and after my death give to the said Oba Brown and Wm. S. Brown, their heirs and assigns, jointly, all the remainder (after the one hundred acres to Edy) of the land that my said deceased husband died seized of, that is I now give the last above described lands to said Oba and Wm. S., only reserving my life-estate in the same.”
The paper was signed and attested as a deed, the attestation being by two witnesses. It appears to have been executed October 16th, 1869, and recorded April 7th, 1870.
This instrument was offered to show title in Oba and Wm. S. Brown to the land which it stated was given to
Judgment affirmed.