Plant v. Plant
Supreme Court of Georgia
Petition for partition. Before Judge Hodges. Bibb superior court. November 22, 1904. On March 21, 1891, Myron Nussbaum executed a deed to Robert H. Plant, as trustee for his wife, Margaret R. Plant, and their children, the material parts of which were as follows : “ Between Myron Nussbaum, of the county of Bibb, of the one part, and Robert H. Plant, as trustee of his wife, Margaret H. Plant, and their children, of-the county of-Bibb, of the other part, witnesseth, that the…
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Petition for partition. Before Judge Hodges. Bibb superior court. November 22, 1904. On March 21, 1891, Myron Nussbaum executed a deed to Robert H. Plant, as trustee for his wife, Margaret R. Plant, and their children, the material parts of which were as follows : “ Between Myron Nussbaum, of the county of Bibb, of the one part, and Robert H. Plant, as trustee of his wife, Margaret H. Plant, and their children, of-the county of-Bibb, of the other part, witnesseth, that the said Myron Nussbaum, for and in consideration of the sum of twenty-nine thousand dollars, . . hath granted, bargained,…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) 1. As far back as the decision in Wild’s case (6 Ooke’s R. 17, ed. of Thomas and Fraser, vol. 3, p. 288) it was “ resolved for good law ” that if A devised lands to B and to his children or issues, B having no issue at the time of the devise, an estate tail was created; but otherwise where there was issue. In this State estates tail have been abolished, and it has frequently been held, that a deed conveying lands to a person and his children passed title to him and the children in esse when the deed was executed and delivered; and that after-born children…
2Cases cited18 opinions
- Hollis v. LawtonSupreme Court of Georgia · 1899
- Tharp v. YarbroughSupreme Court of Georgia · 1888
- Baird v. BrookinSupreme Court of Georgia · 1891
- Davis v. HollingsworthSupreme Court of Georgia · 1901
- Brady v. WaltersSupreme Court of Georgia · 1875
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3Cited by13 opinions
- Milner v. GaySupreme Court of Georgia · 1916
- Lumpkin v. PattersonSupreme Court of Georgia · 1930
- Cooper v. Mitchell Investment Co.Supreme Court of Georgia · 1910
- Singer v. First National Bank Trust Co.Supreme Court of Georgia · 1943
- Nixon v. NixonSupreme Court of Georgia · 1941
8 more not listed; retrieve them via the Exa API.