Bank Of Graymont v. Kingery

Citation170 Ga. 771,154 S.E. 355
Decision Date17 July 1930
Docket NumberNo. 7579.,7579.
PartiesBANK OF GRAYMONT. v. KINGERY.
CourtGeorgia Supreme Court

Syllabus by Editorial Staff.

Error from Superior Court, Emanuel County; E. N. Hardeman, Judge.

Execution by the Bank of Graymont against land of J. Gordon Kingery to which Nannie Kingery filed a claim. Judgment for claimant, and plaintiff in execution brings error.

Affirmed.

Kirkland & Kirkland, of Metter, and Price & Spivey, of Swainsboro, for plaintiff in error.

Grayson C. Powell, of Swainsboro, for defendant in error.

Syllabus Opinion by the Court.

HINES, J.

1. On November 11, 1895, James Rountree conveyed by warranty deed to "Nannie Kingery, and her children now born, and those that may hereafter be born, the daughter and grandchildren of the said James Rountree, " a described tract of land. J. Gordon Kingery, a son of said Nannie Kingery, was born on September 13, 1896. On May 25, 1927, the Bank of Graymont levied an execution which it held against J. Gordon Kingery upon his undivided remainder interest in the above land. Nannie Kingery filed her claim to the interest so levied on. Upon the trial of the issue formed upon this claim the trial judge directed a verdict in favor of the claimant. To this judgment the Bank of Graymont excepted.

1. It is now a well-established principle of law in this state that a deed to an immediate estate in land made to a person not in esse is absolutely void. Davis v. Hollings-worth, 113 Ga. 210, 38 S. & 827, 84 Am. St. Rep. 233; Powell v. James, 141 Ga. 793, 82 S. E. 232; Butt v. Jackson, 148 Ga. 672, 97 S. E. 854; Handy v. Handy, 154 Ga. 686(2), 115 S. E. 114. So where, under a will probated in 1847, the testator devised to his daughter certain land "to her and her children, " the daughter then having no children, the daughter took an absolute estate, and children born to her after the testator's death took under the will no estate by way of remainder or otherwise. Lofton v. Murchison, 80 Ga. 391, 7 S. E. 322. Where a deed conveyed land to A as trustee for B and her children, B having no children at the time of its execution, the children of B. born subsequently to the execution of this deed took no interest thereunder. Baird V. Brookin, 86 Ga. 709, 12 S. E. 981, 12 L. R. A. 157; Beauchamp v. Fitzpatrick, 133 Ga. 412, 65 S. E. 884. Applying the principles above announced, the conveyance from James Rountree to his daughter "Nannie Kingery, and her children now born, and those that may hereafter be born, " vested in a son of the daughter born after its execution no interest in the land thereby conveyed; and the trial judge did not err in directing a verdict for the claimant.

2. There is nothing to the contrary of what is ruled above, in the cases of Brady v. Walters, ...

To continue reading

Request your trial
1 cases
  • Bank of Graymont v. Kingery
    • United States
    • Supreme Court of Georgia
    • 17 Julio 1930
    ...154 S.E. 355 170 Ga. 771 BANK OF GRAYMONT v. KINGERY. No. 7579.Supreme Court of GeorgiaJuly 17, Syllabus by Editorial Staff. Deed to immediate estate in land made to person not in esse is absolutely void. Devise to daughter and her children at time when daughter had no children passed absol......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT