Rosier v. Nichols
Supreme Court of Georgia
Petition for injunction. Before Judge Hammond. Richmond superior court. March 23, 1905. On February 10, 1905, J. Mumford Rosier presented for sanction, to the judge of the superior court of Richmond county, an equitable petition in which the following facts were recited: In the month of January, 1874, Samuel Pearson conveyed to Patrick Doris, as trustee, his successors and assigns, the fee-simple title to ■certain property, including a designated tract of land lying in…
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Petition for injunction. Before Judge Hammond. Richmond superior court. March 23, 1905. On February 10, 1905, J. Mumford Rosier presented for sanction, to the judge of the superior court of Richmond county, an equitable petition in which the following facts were recited: In the month of January, 1874, Samuel Pearson conveyed to Patrick Doris, as trustee, his successors and assigns, the fee-simple title to ■certain property, including a designated tract of land lying in Richmond county, to be held in trust “ for the sole and separate use of” the wife of the grantor, Mary Pearson, “for and…
1Opinion of the CourtEvans, J.
(After stating the facts.) The deed from Samuel Pearson to Patrick Doris, trustee, created a trust estate for the *24life-tenant, which became immediately executed upon the delivery of the deed, and a legal estate in the remainder to the surviving children of the life-tenant. Tillman v. Banks, 116 Ga. 250; Stiles v. Cummings, 122 Ga. 635. The life-tenant was given the power of disposition by will in the event only there should be no child or children of the life-tenant, begotten by the grantor, in life at the death of the life-tenant. The life-estate was not changed by this power of appointment…
2Cases cited3 opinions
- Coleman v. CabanissSupreme Court of Georgia · 1904
- Tillman v. BanksSupreme Court of Georgia · 1902
- Stiles v. CummingsSupreme Court of Georgia · 1905
3Cited by3 opinions
- Woodbery v. Atlas Realty Co.Supreme Court of Georgia · 1919
- Stephens v. StephensSupreme Court of Georgia · 1963
- Booth v. RosierSupreme Court of Georgia · 1905