Gaulding v. Gaulding

• Decision Date: 12 January 1953
• Docket Number: Nos. 18035,18036,s. 18035
• Citation: 74 S.E.2d 9,209 Ga. 456
• Court: Georgia Supreme Court
• Parties: GAULDING v. GAULDING et al. GAULDING et al. v. GAULDING.

Page 9

74 S.E.2d 9

209 Ga. 456

GAULDING v. GAULDING et al.

GAULDING et al. v. GAULDING.

Nos. 18035, 18036.

Supreme Court of Georgia.

Jan. 12, 1953.

The petition of John M. Gaulding, Jr. as finally amended, against Harold F. Gaulding, William L. Gaulding, and John M. Gaulding, Sr., in substance alleged: By her will duly probated Mrs. Julia A. Gaulding left the income of certain stocks to her daughter, Miss Geneva Gaulding, for and during her natural life, with remainder to her three sons, John M. Gaulding, Sr., Harold F. Gaulding, and William L. Gaulding, equally. Under item 6 of her will Mrs. Gaulding left to her daughter a life interest in certain government bonds, with the provision that, if necessary for her daughter's support, she should have the right to sell any or all of the bonds. The petitioner and the defendant, Harold F. Gaulding, purchased the one-third remainder interest of William L. Gaulding in the estate of Mrs. Julia A. Gaulding, and received from him a warranty deed, which was duly recorded. Geneva Gaulding has died, terminating her life estate. There are $8,500 in government bonds in which Geneva Gaulding had only a life interest. She left a will and codicil, which has been offered for probate, in which she attempted to leave all of the stocks and bonds to Harold F. Gaulding, and has named him as sole executor of her will. The defendant is insolvent, and he has threated to dispose of the stocks held by Geneva Gaulding. The executors of the will of Mrs. Julia A. Gaulding have encountered difficulty in construing item 6 of her will, and a construction of this item is necessary to ascertain the petitioner's rights. The prayers were for process; that the defendant, Harold F. Gaulding, be temporarily and permanently enjoined from disposing of the stocks and bonds until further order of the court, and he be required to show cause why a receiver should not be appointed to take charge of the stocks and bonds and administer them as directed by the court; that the stocks and bonds be sold, an accounting had, and the proceeds be divided between the parties as directed by the court; and for other relief.

William L. Gaulding, by his guardian ad litem, filed an answer in which he admitted the execution of the deed (under which the petitioner claims a one-sixth remainder interest in the estate of Mrs. Julia A. Gaulding), but he alleged that he had been adjudged insane, and at the time of the execution of the deed he was incapable of entering into any contract or looking after any business affairs. The defendant has no part of the alleged consideration, if any was paid, but he is willing to do equity and restore to John M. Gaulding, Jr. the consideration paid, with legal interest, and now offers to do so. The executors are authorized to retain of the defendant's distributive shares from the respective estates enough to discharge the amount paid to him by John M. Gaulding, with legal interest. The defendant, Harold F. Gaulding, has reconveyed any interest he might have acquired by virtue of the purported deed. The defendant, William L. Gaulding, prayed that the purported deed be canceled, and that the petitioner be decreed to have no title in the property by virtue of such deed, and for other relief.

Harold F. Gaulding filed an answer in which he contended that the government bonds were the individual property of Geneva Gaulding, and passed to him under her will. He admitted the execution of the deed set forth in the petition, but denied that the deed had any validity or legal effect. He prayed that the court construe item 6 of the will of Mrs. Julia A. Gaulding. John M. Gaulding, Sr. filed no answer.

The bill of exceptions recites that on September 1, 1952, the court heard argument and thereafter entered an order construing item 6 of the will of Mrs. Julia A. Gaulding, in which it was decreed that Geneva Gaulding took a fee-simple title to all of the bonds mentioned in item 6 of the will of Mrs. Julia A. Gaulding. Thereafter the matter proceeded to trial solely on the issue made by the answer of William L. Gaulding, attacking the validity of the deed under which the petitioner claimed. The jury found in favor of the validity of the deed. The petitioner (now plaintiff in error in the main bill of exceptions) tendered exceptions pendente lite to the judgment...