East Rome Town Co. v. Cothran
Supreme Court of Georgia
Deeds. Estates. Trusts. Remainders. Prescription. Minors. Parties. Practice in superior court. Estoppel. Injunction. Equity. Before Judge Maddox. Floyd county. At chambers, May 18, 1888. Reported in the decision.
1Opinion of the Court
Bleckley, Chief Justice.
1. The deed presented for our construction was made by Alfred Shorter to D. B. Hamilton, December 12th, 1857. The essential terms of it are set out in the first head-note to this opinion. Except as there appear, there were no words of inheritance. The question is, what was the legal estate taken by Hamilton as trustee?
*361According to our statute of 1821, words of inheritance are not required in a conveyance to pass a fee simple, but the authorities all concur that in creating a trust estate, the trustee, without words of inheritance — and in case of wills with them, —…
2Cases cited23 opinions
- Knorr v. RaymondSupreme Court of Georgia · 1885
- Wingfield v. VirginSupreme Court of Georgia · 1874
- Dean v. Central Cotton Press Co.Supreme Court of Georgia · 1880
- Schnell v. ToomerSupreme Court of Georgia · 1876
- Ford v. CookSupreme Court of Georgia · 1884
18 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Fleming v. HughesSupreme Court of Georgia · 1896
- Richards v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1899
- Luquire v. LeeSupreme Court of Georgia · 1905
- Smith v. McWhorterSupreme Court of Georgia · 1905
- State ex rel. Ambler v. HookerSupreme Court of Florida · 1894
14 more not listed; retrieve them via the Exa API.