Wisse v. Anderson

In my opinion the will in the instant case specifically gives to R. B. Hudson a life estate with the power to dispose of a portion of it rather than a defeasible fee as held by the majority. Williams v. Bullock, 231 Ga. 179 (200 SE2d 753). It makes no difference here because the devisee had no children. However, had the devisee left children the result would be significantly different. As a defeasible fee the devisee would take a fee simple. As a life estate the children would take a remainder by implication. Matthews v. Hudson, 81 Ga. 120 (7 SE 286); Stone v. Franklin, 89 Ga. 195 (15 SE 47);…