Matthews v. Crowder

I agree with Division 1 of the majority opinion that the purported deed from Della Crowder to Ethel Crowder “did not convey present rights in 1964, was testamentary in character, and cannot be upheld as a valid deed. [Cit.]” I further concur in Division 2, including the ruling that “the 1968 deed clearly is color of title for [Appellees].” I write separately, however, to clarify that, under Georgia law, a testamentary “deed,” such as the 1964 document, cannot possibly constitute color of title.

“Color of title is a writing upon its face professing to pass title, but which does not do it,…