Bowen v. Holland

• Decision Date: 05 October 1937
• Docket Number: 11863.
• Citation: 193 S.E. 233,184 Ga. 718
• Parties: BOWEN et al. v. HOLLAND et al.
• Court: Georgia Supreme Court

193 S.E. 233

184 Ga. 718

BOWEN et al. v. HOLLAND et al.

No. 11863.

Supreme Court of Georgia

October 5, 1937

Error from Superior Court, Tattnall County; J. T. Grice, Judge.

Suit by Mrs. W. W. Bowen, against Mrs. A. H. Holland, administratrix of the estate of A. H. Holland, deceased, wherein others were made parties plaintiff. To review the judgment, after their motion for new trial was overruled, named plaintiff and another plaintiff bring error.

Affirmed.

Syllabus by the Court.

1. A conveyance of land by a father to his adult child, reciting a consideration of love and affection, is, in the absence of proof to the contrary, presumed to be an advancement. The court's charge to the jury on the subject of advancements was in accordance with this principle, and was not erroneous as contended.

2. Portions of the court's charge related to an issue as to which the jury found in favor of the plaintiffs in error and were harmless, if erroneous.

3. The evidence was sufficient to support the verdict, and there was no merit in any of the grounds of the motion for a new trial.

Kirkland & Kirkland, of Metter, and W. T. Burkhalter, of Reidsville for plaintiffs in error.

Hitch Denmark & Lovett, of Savannah, Eason & Everitt, of Reidsville, and P. M. Anderson, of Claxton, for defendants in error.

BELL Justice.

A. H Holland, a resident of Tattnall county, died intestate in 1933, leaving as his heirs at law the following: Mrs. A. H Holland, his widow; Mrs. W. W. Bowen and B. L. Holland, children; and Sallie (Barrow) Hinson and Mary Barrow, grandchildren, being the children and sole heirs at law of a deceased daughter. Mrs. A. H. Holland was named administratrix of the estate of her deceased husband. At the time of his death A. H. Holland had on deposit in the Claxton National Bank about $4,600, the same having been deposited subject to withdrawal by either A. H. Holland or his wife. After the death of her husband, Mrs. Holland claimed title to this deposit. In this situation Mrs. W. W. Bowen brought a petition in equity to have the sum declared a part of the assets of the estate; and the other heirs were later made parties plaintiff in the action. On the first trial a verdict was directed in favor of the claim of the defendant, Mrs. A. H. Holland. The plaintiffs' motion for new trial was overruled, and they excepted. This court reversed the judgment overruling the motion for new trial, on the ground that the court erred in directing the verdict. The foregoing is only a brief résumé of the facts as they appeared on the former review of the case in this court. For a more detailed statement, see Bowen v. Holland, 182 Ga. 430, 185 S.E. 720. The issues involved on the present writ of error were raised by pleadings filed after the judgment of reversal by this court. When the case was reached again in the court below, Mrs. A. H. Holland amended her answer by alleging substantially the following: A. H. Holland during his lifetime conveyed to Mrs. W. W. Bowen and B. L. Holland, plaintiffs, 211 3/5 acres of land, more or less, 'known as the A. H. Holland old home place,' which she is advised by Mary Barrow and Mrs. Sallie Hinson, grandchildren of A. H. Holland, was intended by the grantor as an advancement to the grantees. As shown by a copy of the deed attached to the answer, the conveyance was made on January 22, 1932, and recited a consideration of 'natural love and affection.' The defendant as administrator prayed direction relative to the alleged advancements to Mrs. Bowen and B. L. Holland. The grandchildren filed a so-called answer admitting the allegations made in this amendment, and averring that the property described therein was of the value of $5,000 in 1932, at the time of its conveyance. They further alleged that other advancements were made to Mrs. Bowen and B. L. Holland, as follows: On April 24, 1911, Holland conveyed to his son B. L. Holland a tract of land worth $1,600, or more, at the time of its conveyance; on March 8, 1912, he conveyed to Mrs. W. W. Bowen a tract of land of the value of $1,500, or more, at the time of the conveyance. They alleged that it was the intent of the grantor that these properties should be accounted for as advancements, and that no...