Moncrief v. Shuman

• Decision Date: 04 October 1929
• Docket Number: 6835.
• Citation: Moncrief v. Shuman, 169 Ga. 217, 150 S.E. 98 (Ga. 1929)
• Parties: MONCRIEF et al. v. SHUMAN et al.
• Court: Georgia Supreme Court

150 S.E. 98

169 Ga. 217

MONCRIEF et al. v. SHUMAN et al.

No. 6835.

Supreme Court of Georgia

October 4, 1929

Syllabus by Editorial Staff.

Where testator devised one-half of undivided interest in land to daughter, and after executing will joined with cotenant in executing warranty deed for land, receiving purchase price in cash and notes and receiving deed to secure balance, and land was not afterwards possessed by testator during lifetime devise as to interest of testator was adeemed by conveyance of land and receipt of part of purchase money, under Civ Code 1910, § 3908.

Where testator devised one-half interest in lands to daughter, and after executing will joined with cotenant in executing warranty deed, in return for part of purchase price and security deed by purchaser for balance of purchase price judgment that devise was adeemed by conveyance, and that testator's interest in land did not pass to daughters, requiring executrix to hold security deed and control purchase-money notes, but that, if executrix became possessed of land on failure of conveyance, executrix would be required to convey testator's interest in land to legatees, subject to rights of purchasers, was proper.

Error from Superior Court, Bryan County; J. Saxton Daniel, Judge.

Action by Agnes Shuman and others against Anna Moncrief and others. Judgment for plaintiffs, and defendants bring error. Affirmed.

Travis & Travis, of Savannah, for plaintiffs in error.

J. P. Dukes, of Pembroke, for defendants in error.

Syllabus OPINION.

ATKINSON J.

1. "A legacy is adeemed or destroyed, wholly or in part whenever the testator, after making his will during his life, delivers over the property or pays the money bequeathed to the legatee, either expressly or by implication, in lieu of the legacy given; or when the testator conveys to another the specific property bequeathed, and does not afterwards become possessed of the same, or otherwise places it out of the power of the executor to deliver over the legacy. If the testator attempts to convey and fails for any cause, the legacy is still valid." Civ. Code 1910, § 3908. Under application of the foregoing provisions of the Code, this court has held: "Where a testator conveys to another specific property devised or bequeathed, and does not afterwards become possessed of the same, and the will contains no provision for such contingency, the devise or legacy is adeemed, and such legal result can not be...