Donald v. Nesbitt

• Decision Date: 16 May 1892
• Citation: 15 S.E. 367,89 Ga. 290
• Parties: DONALD v. NESBITT et al.
• Court: Georgia Supreme Court

15 S.E. 367

89 Ga. 290

DONALD v. NESBITT et al.

Supreme Court of Georgia

May 16, 1892

Syllabus by the Court.

An instrument in the form of a deed, executed but not delivered in the lifetime of the maker, which purports to "grant, bargain, sell, and convey" to two nieces, for love and affection, an undivided half of certain premises, and to another person the other undivided half, in consideration of personal services rendered and to be rendered by him, and containing these words, "But in no event is this deed to go into effect until after my death," is testamentary in its character, and not a deed of conveyance operating in præsenti. Bright v. Adams, 51 Ga. 239.

Error from superior court, Fulton county; M. J. CLARKE, Judge.

Suit by Melissa Nesbitt, Lula Williams, and Henry Williams against S. M. Donald to set aside a certain written instrument. Verdict for plaintiffs. New trial denied, and judgment entered. Defendant brings error. Affirmed.

R. J. Jordan, for plaintiff in error.

J. R. Whiteside, for defendants in error.

PER CURIAM.

Judgment affirmed.

SIMMONS, J., not presiding.