Murphy v. Murphy
Supreme Court of Georgia
Equitable petition. Before Judge Jones. Stephens superior court. August 6, 1920. Mrs. Martha R. Murphy filed an equitable petition against Joseph M. Murphy and others, and alleged that she was a tenant in common with the defendants, who were children and grandchildren of Nathan B. Hunter, in a certain tract of land which, on April 25, 1839, was conveyed by Thomas I. Murphy to Nathan B. Hunter, who, on December 28, 1869, conveyed it to Rebecca A. Murphy “ during her lifetime,…
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Equitable petition. Before Judge Jones. Stephens superior court. August 6, 1920. Mrs. Martha R. Murphy filed an equitable petition against Joseph M. Murphy and others, and alleged that she was a tenant in common with the defendants, who were children and grandchildren of Nathan B. Hunter, in a certain tract of land which, on April 25, 1839, was conveyed by Thomas I. Murphy to Nathan B. Hunter, who, on December 28, 1869, conveyed it to Rebecca A. Murphy “ during her lifetime, and after her death then to such child and children as she may have living at her death, and the representatives of…
1Opinion of the CourtHill, J.
1. The persons who, under the deed in question, were to take remainder interests not being certain until the death of the life-tenant, the remainder interests were contingent, and could not become vested until the death of the life-tenant. Darnell v. Barton, 75 Ga. 377.
2. The words “representatives of such children, if any,” as used in the deed, mean children of deceased children of the life-tenant, and do not include the wife of a child who predeceased the life-tenqnt, leaving no children. See Cushman v. Coleman, 92 Ga. 772 (2), 774 (19 S. E. 46); Civil Code (1910), § 3660.
3. Applying the…
2Cases cited2 opinions
- Cushman v. ColemanSupreme Court of Georgia · 1894
- Darnell v. BartonSupreme Court of Georgia · 1885
3Cited by8 opinions
- Lumpkin v. PattersonSupreme Court of Georgia · 1930
- Ivey v. DavisSupreme Court of Georgia · 1932
- Dismukes v. BagleySupreme Court of Georgia · 1928
- Shedden v. DonaldsonSupreme Court of Georgia · 1950
- Morris v. First National Bank of AtlantaSupreme Court of Georgia · 1947
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