Gardner v. Thames

Duckworth, Chief Justice.

The single question for our decision is whether an instrument in the form of- a deed is a deed as the trial court ruled or whether it is testamentary in character and is consequently not a deed. As pointed out in Smith v. Thomas, 199 Ga. 396 (34 SE2d 278), this court in Patellis v. Tanner, 197 Ga. 471 (29 SE2d 419), listed many decisions of-this court where the instrument dealt with was construed to be testamentary in character and hence not a deed, and then listed many decisions where the instrument dealt with was a deed. Then we said at page 399 of the Smith case,…