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GARDNER v. THAMES

24085.

223 Ga. 378 (1967)

154 S.E.2d 926

GARDNER, Guardian v. THAMES (now Adkins) et al.

Supreme Court of Georgia.

Decided May 18, 1967.

Attorney(s) appearing for the Case

Smith, Crisp & Hargrove, William E. Smith, Dorsey, Dorsey & Strother, John R. Strother, Jr., for appellant.

Lewis Hansen, Candler, Cox, McClain & Andrews, George C. Mitchell, for appellees.

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 S.E.2d 278), this court in Patellis v. Tanner, 197 Ga. 471 (29 S.E.2d 419), listed many decisions of this court where the instrument dealt with was construed to be testamentary in character...

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