Shields v. Shields

Because neither Townsley v. Townsley, 209 Ga. 323 (72 SE2d 289) (1952) nor any other reported case supports the majority’s holding that the life tenant had complete power to sell the property in this case, I must respectfully dissent.

Townsley involved, as have any number of Georgia cases, a situation in which the testator specifically gave the life tenant the right to sell the property that comprised the life estate. The will of John Shields, however, does not contain specific language granting such a power of sale, and no Georgia case, where such specific language is not included, has…