Beauchamp v. Fitzpatrick

The facts are sufficiently stated in the head-notes. It was contended that the deed conveyed a fee-simple title to the daughter of the grantor. That such was not the case if there were' children in esse when the conveyance was made is clearly shown by the decision in Plant v. Plant, 122 Ga. 763 (50 S. E. 961), and the cases there cited. If there were no children then in esse, the words, “children of her body” by her husband named, would be treated as words of limitation and fall within the rule in Ewing v. Shropshire, 80 Ga. 376 (7 S. E. 554). The petition failed to allege facts necessary to…