Coleman v. Cabaniss
Supreme Court of Georgia
Equitable petition. Before Judge Eelton. Bibb superior court. June 8, 1904. On March 12, 1879, Lockett, trustee, conveyed to Samuel T. Coleman two described city lots; the conveyance providing that the grantee, “and his successor,” should hold the property in trust “ for the sole and separate use of Aurelia Alberta Coleman, wife of the said Samuel T. Coleman, for and during her natural life, with such powers to the said Aurelia Alberta as are hereinafter expressed, and after…
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Equitable petition. Before Judge Eelton. Bibb superior court. June 8, 1904. On March 12, 1879, Lockett, trustee, conveyed to Samuel T. Coleman two described city lots; the conveyance providing that the grantee, “and his successor,” should hold the property in trust “ for the sole and separate use of Aurelia Alberta Coleman, wife of the said Samuel T. Coleman, for and during her natural life, with such powers to the said Aurelia Alberta as are hereinafter expressed, and after her death to her children by the said Samuel T. Coleman, and the representatives of any such children deceased, share…
1Opinion of the CourtCobb, J.
Even though the trust deed vested in the trustee the legal title to only the life-estate of Mrs. Coleman, still the power of sale extended to the fee in remainder as well as the life-estate. The expression “ trust property,” which is used in describing the power of sale, is not to be given a technical meaning which would confine it to the life-estate, if the trust estate created was limited *284to that estate. The trust property referred to is the fee in the property. As was remarked . by Mr. Chief Justice Bleckley, in Headen v. Quillian, 92 Ga. 223, “To hold that he contemplated restricting the…
2Cases cited2 opinions
- Georgia Railroad v. MayoSupreme Court of Georgia · 1893
- Simmons v. McKinlockSupreme Court of Georgia · 1896
3Cited by16 opinions
- Thomas v. OwensSupreme Court of Georgia · 1908
- Woodbery v. Atlas Realty Co.Supreme Court of Georgia · 1919
- In Re WheelerUnited States Bankruptcy Court, N.D. Georgia · 1980
- Gilmore v. GilmoreSupreme Court of Georgia · 1947
- Stiles v. CummingsSupreme Court of Georgia · 1905
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