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Roach v. Gwinnett County

Trial court properly awarded condemnation proceeds to appellees who owned the property because appellant's life estate terminated when she vacated the property 10 years before condemnation.

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Appellant Irene Roach appeals from the trial court’s order directing that condemnation proceeds deposited in the court’s registry be paid in their entirety to appellees. Having reviewed the record, we agree with the trial court that the life estate interest appellant once held in the condemned property had terminated at the time of condemnation, and that title to the property had passed to the appellee remaindermen. Therefore, we affirm.

In 1988, James Wilton Roach deeded his Gwinnett County property to appellees Gail Roach Hall, James Milton Roach, and Tony Lane Roach. In the deed, James Wilton Roach reserved a life estate in the property for himself and for his wife, appellant Irene Roach. The deed stated that Irene Roach’s life estate was conditioned upon her remaining on the property until her death. Under the deed, if Irene Roach vacated the property prior to her death, her life estate interest would terminate, and title to the property would vest with the remaindermen, appellees in this case.

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