Blackstock v. Mitchell

• Decision Date: 30 September 1881
• Court: Georgia Supreme Court
• Parties: Blackstock et al. vs. Mitchell, executor.

67 Ga. 768

Blackstock et al. vs. Mitchell, executor.

Supreme Court of the State of Georgia

SEPTEMBER TERM, 1881.

A man-who held title to a tract of land, his wife joining him, executed a written instrument in the general form of a warranty deed, but conveying the land to a son in the following terms: The grantors have " granted, bargained, 6old and conveyed, and do by these presents grant, bargain, sell and convey unto the said Joseph Prater, Jr., his heirs and assigns at our death, free from any claim whatever of our other children, " the land described. The same instrument conveyed certain personalty to the same grantee, with the provision that possession should be postponed until the death of the grantors.

Held, that as to the realty the Instrument was testamentary in charac. ter. Code, §2395; 2 Kelly 46; 51 Ga., 239; ao Ib., 707; 55 Ib., 369; 17 Ib ²75.

Speer, Justice.