Heard v. Kenney , 146 Ga. 719 ( 1917 )


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  • Atkinson, J.

    “When a man dies intestate, leaving a widow and children, the title to his realty vests in the latter, subject only to the former’s right to take a child’s part or have dower assigned therein; and unless it affirmatively appears that, within the time prescribed by law, she elected to take a child’s part, no presumption will arise that she ever had any vested estate in fee in such realty.” Snipes v. Parker, 98 Ga. 522 (25 S. E. 580); Hanvy v. Moore, 140 da. 691 (79 S. E. 772). Applying the principle above stated, there was no error, under uncontradieted evidence, in directing a verdict for the claimant.

    Judgment affirmed.

    All the Justices concur.

Document Info

Citation Numbers: 146 Ga. 719, 92 S.E. 211, 1917 Ga. LEXIS 468

Judges: Atkinson

Filed Date: 4/12/1917

Precedential Status: Precedential

Modified Date: 11/7/2024