Thomas v. Ramsey

1 Citing case

  1. Wetherbee v. First State Bank

    466 S.E.2d 835 (Ga. 1996)   Cited 1 times
    In Wetherbee, Mr. Wetherbee created a trust for the maintenance and support of his wife for life. Upon his wife's death, a specified percentage of the trust was to be placed into a trust for each of his then living sons for their support for life. Upon the termination of the trust created for each son, the remainder was to go to his surviving wife and descendants.

    Mr. Wetherbee did not designate by name that wife or those descendants of his sons whom he wished to take. It is clear, however, that Mr. Wetherbee intended not only that his sons survive their mother in order to take, but also that his sons' wives and descendants survive his sons in order to take. See Hack v. Woodward, 248 Ga. 504, 505 (1) ( 284 S.E.2d 411) (1981); First Presbyterian Church of Atlanta v. Price, 248 Ga. 38, 42 (1) ( 280 S.E.2d 830) (1981); Clark v. C S Nat. Bank, 243 Ga. 703, 705 (1) ( 257 S.E.2d 244) (1979); Fourth Nat. Bank of Columbus v. Brannon, 227 Ga. 191, 192 (1) ( 179 S.E.2d 232) (1971); Shedden v. Donaldson, 207 Ga. 77 ( 60 S.E.2d 158) (1950); Patellis v. Tanner, 197 Ga. 471, 474 (2) ( 29 S.E.2d 419) (1944); Armstrong Jr. College Commission v. Livesey, 189 Ga. 825, 829 (2) ( 7 S.E.2d 678) (1940). In accordance with this intent, the remainders bequeathed by Mr. Wetherbee to his sons' wives and descendants would become "indefeasibly vested only at the time fixed for distribution of the property, the death of [his sons].