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S10A1212. ROBINSON et al. v. BAKER et al.
State: Georgia
Court: Supreme Court
Docket No: S10A1212
Case Date: 11/01/2010
Preview:Final Copy 288 Ga. 135 S10A1212. ROBINSON et al. v. BAKER et al. HINES, Justice. This is an appeal from a "final order" of the Superior Court of Irwin County dismissing a "Petition to Partition in Equity and Authority to Sell at Private Sale or Public Auction." For the reasons that follow, we reverse and remand. In 1952, H. H. Busbin conveyed approximately 120 acres of land to his daughter, Jewell Busbin Robinson.1 The deed contained the provision that it was "made subject to a life interest for the Grantor, H. H. Busbin and in the event of no body [sic] heirs of grantee [Robinson], said lands is [sic] to convert back to the estate of said grantor H. H. Busbin estate, at the death of the grantees." H. H. Busbin died intestate in 1961 survived by his wife2 and

The deed conveyed the land to Robinson and her husband, who, according to the parties, has died during the course of this litigation. However, no suggestion of death appears in the record and the documents of record and appeal refer variously to Robinson only and jointly to Robinson and her husband. The pleadings state that Busbin's wife died in 1981, and previously had quitclaimed her right, title, and interest in the subject property to Robinson and her husband. 1
2

1

fourteen children, including Robinson. Robinson attempted to acquire quitclaim deeds from her siblings, conveying their interests to her. She secured quitclaim deeds from her mother and eight of her siblings, allegedly giving her a "9/14 remainder interest" in the property. However, some of the heirs with ostensible interests in the property refused to execute the requested quitclaim deeds. Thereafter, Robinson filed the present "Petition to Partition in Equity and Authority to Sell at Private Sale or Public Auction."3 At the time of filing her petition, Robinson was 82 and had no children. A hearing in the matter was held before Judge Gary C. McCorvey, and on July 21, 2006, Judge McCorvey issued an order ruling that Robinson had standing to seek a partition of the property.4 On October 17, 2006, Judge
3

In the petition, Robinson cites, inter alia, OCGA
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