Headen v. Quillian
Supreme Court of Georgia
Equitable petition. Before Judge Hutchins. Banks superior court. March term, 1892. The plaintiffs are the children of B. V. Headen, and his wife Eliza O. Their father is dead, and their mother is living.
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Equitable petition. Before Judge Hutchins. Banks superior court. March term, 1892. The plaintiffs are the children of B. V. Headen, and his wife Eliza O. Their father is dead, and their mother is living. Some time before his death, on December 4, 1865, their father executed a deed to M. Van Estes, by which, in consideration of love and affection for his wife, he conveyed to Van Estes, in trust for her, certain land described, for her sole and separate use during her life or widowhood, and after her death to such children as she might have living by her said husband, share and share alike.…
1Opinion of the Court
Bleckley, Chief Justice.
The contents of the deed on which this case depends are, so far as material, set out in the official report; and the words creating a power of sale are substantially recited in the head-note. It is of no consequence whether the trustee, as such, was invested with the legal title to the estate in remainder, beyond what is involved in a power to sell and convey in his own name, or whether the remainder in behalf of children was vested or contingent. It is clear that a power of sale was created, to be exercised by the trustee or not exercised by him at the election of…
2Cited by11 opinions
- Woodbery v. Atlas Realty Co.Supreme Court of Georgia · 1919
- Richards v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1899
- Luquire v. LeeSupreme Court of Georgia · 1905
- Heath v. MillerSupreme Court of Georgia · 1903
- Clarke v. East Atlanta Land Co.Supreme Court of Georgia · 1901
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