Brown v. Brown
Supreme Court of Georgia
Petition to cancel deed. Before Judge Lumpkin. Pulton superior court. March term, 1895. Elizabeth Brown as executrix, and Julius L. and Joseph M. Brown as executors, of Joseph E. Brown, by their petition alleged, that in January, 1895, and after his death, they for the first time opened his safe to find his will, and upon reading it found a reference to a certain paper (of the form of a deed, a copy being attached) which was in his possession at the time of his death, and…
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Petition to cancel deed. Before Judge Lumpkin. Pulton superior court. March term, 1895. Elizabeth Brown as executrix, and Julius L. and Joseph M. Brown as executors, of Joseph E. Brown, by their petition alleged, that in January, 1895, and after his death, they for the first time opened his safe to find his will, and upon reading it found a reference to a certain paper (of the form of a deed, a copy being attached) which was in his possession at the time of his death, and had been so far as they know from the date of its purported execution. It was never during his life delivered to or…
1Opinion of the Court
Simmons, Chief Justice.
Under the terms of the deed, we think a vested estate was created in the maker’s grandchildren, subject to be defeated at the will of his children, the life-tenants. This being so, they had a right to be represented upon the question whether there was a delivery of the deed or not. If the proceeding was maintainable at all, the grandchildren in life at the time it was filed were indispensable parties. Ample authority in support of these conclusions will be found referred to in the opinion of the learned judge of the court below, which is set out in the report which…
2Cited by16 opinions
- Gray v. Union Trust Co.California Supreme Court · 1915
- Crawley v. KendrickSupreme Court of Georgia · 1905
- Sowell v. SowellSupreme Court of Georgia · 1956
- Steadham v. CobbSupreme Court of Georgia · 1938
- Hamilton v. CargileSupreme Court of Georgia · 1907
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