Thompson v. Long

• Decision Date: 14 October 1947
• Docket Number: 15973.
• Citation: Thompson v. Long, 202 Ga. 718, 44 S.E.2d 651 (Ga. 1947)
• Parties: THOMPSON v. LONG et al.
• Court: Georgia Supreme Court

44 S.E.2d 651

202 Ga. 718

THOMPSON v. LONG et al.

No. 15973.

Supreme Court of Georgia

October 14, 1947

Syllabus by the Court.

'Where a testator conveys to another specific property devised or bequeathed, and does not afterward 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 obviated by extrinsic evidence tending to show that the testator did not intend it.'

Statement of facts by JENKINS, Chief Justice:

The administrator cum testamento annexo of the estate of Mrs Belle Loeffler brought a petition in Fulton superior court alleging certain facts as hereinafter set forth, and prayed direction of the court. Answers were filed and interventions allowed and after a hearing on an agreed statement of facts the trial court entered by following order: 'It having been agreed by all the parties that the above stated cause be tried by the court without a jury at the return term and said case coming on to be heard and it appearing to the court that Mrs. Belle Loeffler executed her last will and testament on July 16, 1943, and that in one clause of said will said testatrix bequeathed to Walter Eugene Thompson, her nephew her home, being house and lot, together with all household furnishings and fixtures located at 687 Plum St., N.W., Atlanta, Ga., and it further appearing to the court that after the execution of said will said testatrix sold and conveyed title by warranty deed to said house and lot described as 687 Plum St., N.W., to the Georgia School of Technology; and it further appearing to the court that a check for the sum of $4,977.77 was delivered to said testatrix in payment of the purchase price of said property, and that said check was in her possession at the time of her death, it is decreed by the court that the devise of the testatrix's house and lot located at 687 Plum St., N.W., was adeemed and wholly destroyed by reason of the testatrix's sale thereof, and it is further decreed by the court that said sum of $4,977.77 proceeds from the sale of said property, passes into the residuum of the estate of Mrs. Belle Loeffler. It is further decreed by the court that there is an intestacy as to said sum of $4,977.77 the same being the proceeds from the sale of said house and lot, and that said proceeds be distributed as provided by law in such cases.' Exceptions are to this order.

Wm. S Shelfer, of Atlanta, for plaintiff in error.

T. J....