Cunningham v. Calhoun
Supreme Court of Georgia
Complaint for land. Before Judge Felton. Bibb superior court. November 1, 1909. A. C. Cunningham and Annie Laura Cunningham instituted suit against A. D.- Calhoun to recover a certain tract of land.
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Complaint for land. Before Judge Felton. Bibb superior court. November 1, 1909. A. C. Cunningham and Annie Laura Cunningham instituted suit against A. D.- Calhoun to recover a certain tract of land. The petition, as amended, showed affirmatively that the plaintiffs relied for title upon the provisions of an antenuptial indenture between their father and mother, whereby it was contended that.an equitable estate for life, in trust, was created for .their mother, with legal estate in remainder to themselves, in the land in dispute; also, that the defendant-relied for title upon a deed executed…
1Opinion of the CourtAtkinson, J.
The assignment of error calls for the construction of the antenuptial agreement set forth in the statement of facts, and raises the question: Was John Cunningham trustee alone for the life-tenant, or was he trustee for both the .life-tenant and the remaindermen ? Nothing else is for decision. The instrument is in the form of a deed. “Every conveyance, properly executed, shall-be construed to convey the fee, unless a less estate is mentioned and limited in such conveyance.” Civil Code of 1895, § 3083. The property conveyed by the deed was the separate prop*718erty of the intended wife, which she…
2Cases cited1 opinion
- Vernoy v. RobinsonSupreme Court of Georgia · 1909
3Cited by4 opinions
- Woodbery v. Atlas Realty Co.Supreme Court of Georgia · 1919
- Murphy's Hotel, Inc. v. Cuddy's Adm'rSupreme Court of Virginia · 1919
- Jones v. RountreeSupreme Court of Georgia · 1912
- Stout v. Massachusetts Mutual Life InsuranceSupreme Court of Georgia · 1936