Ashbaugh v. Ashbaugh

Absent an intention of both husband and wife at the time the deed was made that the property was conveyed to the wife in trust and not in fee as the deed recites, a gift was thereby consummated. Code § 108-116. This consummated gift can not be reduced by subsequent conduct or statements of the parties to an estate in trust. Vickers v. Vickers, 133 Ga. 383 (65 SE 885, 24 LRA (NS) 1043); Jackson v. Jackson, 146 Ga. 675 (92 SE 65); Williams v. Thomas, 200 Ga. 767 (38 SE2d 603). In the Vickers case, supra, it is said at page 384: “But an absolute gift will not be *817cut down by implication into a…