Legal Opinion · Dissent

Cannon v. Laing

Supreme Court of Georgia

Decided March 4, 1922No. 2517Published

Action for damages. Before Judge Worrill. Terrell superior court. December 20, 1920.

1DissentHill, J.

Under a proper construction of item 3 of the will of O. B. Stevens, Mrs. Julia A. Stevens, in her individual capacity, took a life-estate in the land in controversy, with a power of disposal. Melton v. Camp, 121 Ga. 693 (49 S. E. 690); Patterson v. Gaissert, 147 Ga. 472 (94 S. E. 563). The lease contract executed to L. E. Cannon to the property in controversy by Mrs. Julia A. Stevens, “executrix of 'the estate of 0. B. Stevens,” was not an execution of the powers conferred by item 3 of the will. Patterson v. Gaissert, supra. A life-tenant can not convey or lease property for a time beyond his…

2Cases cited5 opinions

  1. Melton v. CampSupreme Court of Georgia · 1905
  2. Rakestraw v. RakestrawSupreme Court of Georgia · 1883
  3. Belt v. GaySupreme Court of Georgia · 1914
  4. Broach v. KitchensSupreme Court of Georgia · 1857
  5. Patterson v. GaissertSupreme Court of Georgia · 1917

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