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Final Copy 290 Ga. 220 S11A0960. JONES et al. v. KIRK et al. MELTON, Justice. In his Last Will and Testament, Clyde Willis Jones (hereinafter referred to as "Clyde Sr."), bequeathed a life estate of 40 acres to his wife, Olla Belle Fields. In the event of Fields' death, Clyde Sr.'s five children1 were to receive a fee simple interest in the 40 acres that would be divided equally among them. Clyde Sr.'s grandson, Freddie Jones, had been living on a 2.2 acre tract of land that was part of the 40 acres in question since 1988, allegedly pursuant to an oral gift of the 2.2 acres to him from Clyde Sr. After Clyde Sr. and Fields died, four of Clyde Sr.'s heirs filed a petition for partition of the 40 acres, because they wanted to sell the land. However, one of Clyde Sr.'s heirs, Jackie E. Jones, refused to sign the petition.2 On March 27, 2007, the trial court granted the The five children are Jackie E. Jones, Rickie Ann Henderson, James F. Jones (deceased, but represented in this action by Angela Buress, the Administrator of his estate), Kathleen Kirk, and Clyde Jones, Jr. For ease of reference, when not referred to individually, the children shall be collectively referred to as the "heirs."
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Jackie E. Jones (Freddie's father) has sided with Freddie Jones in this case, and is an Appellant along with Freddie. For ease of reference, Jackie and Freddie will be referred to collectively as "Freddie."
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petition, ordering that the 40 acres of land be sold. When Freddie saw a newspaper advertisement in the Summer of 2008 for the sale of the 40 acres that included the 2.2- acre parcel upon which he lived, he filed a motion to intervene as a defendant in the trial court to prevent the sale. The trial court granted Freddie's motion to intervene on August 28, 2008, and suspended the advertised sale of the 40 acres. The heirs then filed a motion for summary judgment, arguing that there was no evidence that Freddie owned the 2.2 acres of land upon which he lived. The trial court granted the heirs' motion, prompting this appeal. For the reasons that follow, we affirm. On appeal from the grant of summary judgment this Court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. (Citations and punctuation omitted.) Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243, 245 (1) (577 SE2d 564) (2003); OCGA

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