Title 44 — Title 44
0 chapters · 990 sections in this title.
O.C.G.A. § 44-6-60 Nature of estates in remainder and in reversion; rights of reversioner
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(a) An estate in remainder is one limited to be enjoyed after another estate is terminated or at a time specified in the future. (b) An estate in reversion is the residue of an estate, usually the fee left in the grantor and his heirs after the termination of a particular estate …
O.C.G.A. § 44-6-61 Vested and contingent remainders distinguished
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Remainders are either vested or contingent. A vested remainder is a remainder which is limited to a certain person at a certain time or which is dependent upon the happening of a necessary event. A contingent remainder is a remainder which is limited to an uncertain person or whi…
O.C.G.A. § 44-6-62 Effect of defeat of estate on remainder
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Since no particular estate is necessary to sustain a remainder, the defeat of the particular estate for any cause does not destroy the remainder. (Orig. Code 1863, § 2246; Code 1868, § 2238; Code 1873, § 2264; Code 1882, § 2264; Civil Code 1895, § 3099; Civil Code 1910, § 3675; C…
O.C.G.A. § 44-6-63 Interest of heirs of remainderman
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Reserved. Repealed by Ga. L. 1994, p. 364, § 2, effective March 25, 1994. Editor’s notes. — This Code section was based on Orig. Code 1863, § 2248; Code 1868, § 2240; Code 1873, § 2266; Code 1882, § 2266; Civil Code 1895, § 3101; Civil Code 1910, § 3677; Code 1933, § 85-704. 44-6…
O.C.G.A. § 44-6-64 Defeat of estate on remainder
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Remainder not destroyed, §44-6-62. Destruction of remainder. Defeat of estate not to destroy remainder, §44-6-62. Distinction between vested and contingent remainders, §44-6-61. Estates for years. Duty of tenant not to injure interest, §44-6-103. General provisions, §§44-6-100 to…
O.C.G.A. § 44-6-66 Termination of life estate
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Possession at termination, §44-6-67. Vested remainders. Distinguished from contingent remainders, §44-6-61. 1136 INDEX REMAINDERS AND REVERSIONS —Cont’d Vested remainders —Cont’d Preference for, §44-6-66. Subject to open. Creation of remainder for persons not in being, §44-6-65. …
O.C.G.A. § 44-6-67 Rights of lessee upon, §44-6-86
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Waste. Duty of life tenant not to commit acts permanently injuring remainder or reversion interest, §44-6-83. Duty of life tenant to preserve and protect estate, §44-6-83. Widowhood. Estates during widowhood deemed life estates, §44-6-80. LIFE ESTATES —Cont’d Wills. Creation of l…
O.C.G.A. § 44-6-68 Legacy to life tenant
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Effect of executor’s assent to on remainderman, §44-6-67. Partition of realty by life tenants, §§44-6-172 to 44-6-174. Possession at termination of life estate, §44-6-67. Removal of personalty beyond state by life tenant. Forfeiture or writ of ne exeat to restrain, §44-6-89. Sale…
O.C.G.A. § 44-6-80 Nature of life estates; estates during widowhood
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Estates which may extend during the life of a person but which must terminate at his death are deemed life estates during their existence. Estates during widowhood are life estates. (Orig. Code 1863, § 2234; Code 1868, § 2228; Code 1873, § 2254; Code 1882, § 2254; Civil Code 1895…
O.C.G.A. § 44-6-81 Length of life estate
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An estate for life may be either for the life of the tenant or for the life of some other person or persons. (Orig. Code 1863, § 2232; Code 1868, § 2226; Code 1873, § 2252; Code 1882, § 2252; Civil Code 1895, § 3087; Civil Code 1910, § 3663; Code 1933, § 85-601.)
O.C.G.A. § 44-6-82 How and in what property life estate may be created
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(a) An estate for life may be created by deed or will, by express agreement of the parties, or by operation of law. (b) A life estate cannot be created in property which will be destroyed on being used. (Orig. Code 1863, § 2233; Code 1868, § 2227; Code 1873, § 2253; Code 1882, § …
O.C.G.A. § 44-6-83 Extraordinary accumulation of corpus
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Attachment to corpus to go to remainderman, §44-6-84. General provisions, §§44-6-80 to 44-6-90. REMAINDERS AND REVERSIONS —Cont’d Life estates —Cont’d Legacy to life tenant. Effect of executor’s assent to on remainderman, §44-6-67. Partition of realty by life tenants. Conditions,…
O.C.G.A. § 44-6-84 Jurisdiction
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Judges of superior courts as to life estates, §44-6-90. Leases. Rights of lessee upon termination of life estate, §44-6-86. Length of life estate, §44-6-81. Life of some other person or persons. Length of life estate, §44-6-81. Life of tenant. Length of life estate, §44-6-81. LIF…
O.C.G.A. § 44-6-85 When life tenant entitled to emblements
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If a life estate is terminated by the act of someone other than the tenant for life, the tenant and his legal representative shall be entitled to emblements, which are the profits of the crop sowed by him during life, whether the plants are annual or perennial. (Orig. Code 1863, …
O.C.G.A. § 44-6-86 Rights of lessee upon termination of life estate
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If the tenant for life rents the land by the year and the life estate is terminated during the year by his death or otherwise, the lessee, upon complying with his contract with the tenant for life, shall be entitled to the land for the balance of the year. (Orig. Code 1863, § 223…
O.C.G.A. § 44-6-87 Effect of purported sale of estate by life tenant
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No forfeiture shall result when a tenant for life purports to sell the entire estate in lands. In such a case, the purchaser shall acquire only the interest of the life tenant. (Orig. Code 1863, § 2242; Code 1868, § 2234; Code 1873, § 2260; Code 1882, § 2260; Civil Code 1895, § 3…
O.C.G.A. § 44-6-88 Mechanics’ and materialmen’s liens
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Release of lien on real estate on approval of bond, §44-14-364. Real property bonds, §44-14-364. Waiver of lien upon bond. In advance of furnishing labor, services or materials void, §44-14-366. Mortgages.
O.C.G.A. § 44-6-89 Sale of estate in personalty
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Demand for bond by purchaser, §44-6-88. Resale of property upon failure to give bond, §44-6-88. Preservation of estate. Duty of life tenant, §44-6-83. Protection of estate. Duty of life tenant, §44-6-83. Prudent man rule. Duty of life tenant to preserve and protect estate, §44-6-…
O.C.G.A. § 44-6-90 Minors
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Transfers to minors. General provisions, §§44-5-110 to 44-5-134. Voiding, ratifying or affirming, §44-5-41. More or less qualifying quantity of acres. Deficiency in number of acres. Price not apportioned, §44-5-35. Notice of real estate settlement. Settlement conveying interest in…