Lane v. Malcolm
Supreme Court of Georgia
Equitable petition. Before Judge Brand. Walton superior court. August 20, 1912. A petition was brought by G. M. Lane and others, being all of the children of Judith Lane, to recover from the defendant, W. H. Malcolm, certain described lands alleged to have been devised to petitioners by the will of Mrs. Virtuous Hardman, and to have the title to said lands decreed to be in petitioners.
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Equitable petition. Before Judge Brand. Walton superior court. August 20, 1912. A petition was brought by G. M. Lane and others, being all of the children of Judith Lane, to recover from the defendant, W. H. Malcolm, certain described lands alleged to have been devised to petitioners by the will of Mrs. Virtuous Hardman, and to have the title to said lands decreed to be in petitioners. They pray, if the defendant claims to hold under any .instrument of writing not signed by them, that such instrument or conveyance, in so far as it undertakes in any way to transmit their title, be declared…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1. Under the item of the will of Henry Butler, which is set forth in the statement of facts, his widow had a fee-simple title to a undivided half interest in the estate of the testator and an estate for life in the remainder. The language, “It is my will that one half of my property . ,. shall belong to my wife in fee simple,” created a fee-simple estate. “The word ‘heirs’ or its equivalent is not necessary to create an absolute estate; but every conveyance, properly executed, shall be construed to convey the fee, unless a less estate is mentioned and…
2Cases cited5 opinions
- Furrh v. WinstonTexas Supreme Court · 1886
- Varnum v. AbbotMassachusetts Supreme Judicial Court · 1815
- McKey v. WelchTexas Supreme Court · 1858
- Wade v. BoydCourt of Appeals of Texas · 1900
- Soutter v. PorterSupreme Judicial Court of Maine · 1847
3Cited by4 opinions
- Griffin v. GriffinSupreme Court of Georgia · 1922
- Walton v. WardSupreme Court of Georgia · 1914
- Hatton v. JohnsonSupreme Court of Georgia · 1920
- Harris v. Georgia National BankSupreme Court of Georgia · 1920