Mayo v. Harrison

Citation134 Ga. 737,68 S.E. 497
PartiesMAYO et al. v. HARRISON et al.
Decision Date13 July 1910
CourtSupreme Court of Georgia

(Syllabus by the Court.)

1. Wills (§ 600*)—Construction—Estates Created.

A testator died in 1865, leaving a will which contained the following item: "I give and bequeath to my beloved wife Sarah all the remainder of my estate, both real and personal, 405 acres of land whereon she now lives, three head of horses, my stock cattle and one yoke of work steers and cart, and all my hogs, household and kitchen furniture, and all of my farming implements, and any other thing or things that are mine, to be hers and at her own disposal during her natural life or so long as she remains my widow, at the expiration of which term all of my estate then remaining to be equally divided among my remaining children, only the part that may be coming from their grandfather's estate which I desire to be equally divided among my six youngest children." Held, that the will conferred upon the widow of the testator, during her life or widowhood, power to convey in fee any part of his estate, and that a purchaser from her, who took a conveyance of land in fee simple under such power, was not subject to be evicted, after her death, by the children of the testator. The language, "I give and bequeath unto my beloved wife * * * all the remainder of my estate, * * * to be hers and at her own disposal during her natural life or so long as she remains my widow, at the expiration of which term all of my estate then remaining to be equally divided among my remaining children, " indicates the intent of the testator to confer an absolute power of sale on the wife so long as she lived and remained a widow, and to exclude the children from any claim on the property so sold, leaving that part of the testator's estate which might remain at the termination of the life estate to be divided among the children. The decision in Broach v. Kitchens, 23 Ga. 515. was based on the fact that the item of the will giving the widow a life estate, and the power to dispose of and enjoy the property so given as she might think fit, wasfollowed by an item inconsistent with power in her to convey the fee in such property.

[Ed. Note.—For other cases, see Wills, Cent. Dig. §§ 1336-1339; Dec. Dig. § 600, 2-*]

2. Wills (§ GOO*)—Construction——Estates Created.

Where the widow of the testator sold the land mentioned in the will and made a conveyance thereof in fee simple, with warranty of title, and evidence was introduced tending to show that the price paid was the value, not merely of the life estate, but of the fee-simple estate, there was no error, as against those claiming as remaindermen under the will, in charging, in effect, that if the jury found from the facts and circumstances shown by the evidence, taking into consideration the deed in its entirety and all the other facts and attendant circumstances, that the grantor executed the deed in pursuance of and by virtue of the power and authority conferred upon her in the will to sell and dispose of the land, and so intended, the title thus conveyed would be good as against the claim of title by the remaindermen under the will. Terry v. Rodahan, 79 Ga. 278 (1), 5...

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4 cases
  • Turner v. Baird
    • United States
    • Supreme Court of Georgia
    • November 15, 1924
    ...best for the interest of her family. This power of disposition authorized him to convey any of her property in fee simple. Mayo v. Harrison, 134 Ga. 737, 68 S. E. 497. The power to dispose of property is greater than a mere power to sell property. Under this power the executor could exchang......
  • Lokey v. McMurrain
    • United States
    • Supreme Court of Georgia
    • December 16, 1922
    ...... consumed for the support of James B. Lokey or his burial. expenses. Civ. Code 1910, §§ 3898, 3901; Mayo v. Harrison, 134 Ga. 737, 68 S.E. 497; Huff v. Yarbrough, 138 Ga. 613, 75 S.E. 662; Stark v. Chambers, 140 Ga. 601, 79 S.E. 535; Cannon v. Laing, ......
  • Mayo v. Harrison
    • United States
    • Supreme Court of Georgia
    • July 13, 1910
  • Turner v. Baird
    • United States
    • Supreme Court of Georgia
    • November 15, 1924
    ...for the interest of her family. This power of disposition authorized him to convey any of her property in fee simple. Mayo v. Harrison, 134 Ga. 737, 68 S.E. 497. The power to dispose of property is greater than a mere power to sell property. Under this power the executor could exchange any ......

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