Folds v. Hartry

Atkinson, Justice.

(After stating the foregoing facts.) Counsel for the plaintiff in error state in their brief that the principal controversy before the court is the construction to be given item 3 of the Evelyn Henderson will. Properly construed, the language in that item was not an attempt to create an express estate tail, so as to vest the fee-simple title in the two named daughters and the grandson in accordance with the Code, § 85-505.

Nor is this case controlled by the decision of this court in Cole v. Ogg, 180 Ga. 343 (179 S. E. 116), which is relied upon by the plaintiff in error,…