STATHAM v. KELLY

No. S03A1041.

584 S.E.2d 246 (2003)

276 Ga. 877

STATHAM v. KELLY et al.

Supreme Court of Georgia.

Reconsideration Denied July 30, 2003.


Attorney(s) appearing for the Case

Donovan & Chambers P.C., Donald R. Donovan, Douglasville, for appellant.

Jay I. Shreenath, Austell, for appellees.


THOMPSON, Justice.

Via warranty deed, J.E. Statham conveyed a fee simple interest in certain real property to his granddaughter, Annette Kelly, and her husband, Wayne Kelly. The conveyance was made in consideration of Annette's "love and affection" and included the following provision: "As a part of the consideration for this transfer it is expressly stipulated that should the grantees herein ever fail to use the premises described herein for their personal residence...

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