Grantor may convey present estate by deed, although possession postponed.

- If the intention by the grantor is to convey a present estate, although possession is postponed until the death of the grantor, the instrument is a deed. Martin v. Smith, 211 Ga. 600, 87 S.E.2d 406 (1955).

When grantor retains exclusive life control over lands.

- Deed containing this reservation: "This conveyance is made with the distinct reservation by the grantor that she retains for herself an exclusive control of all of said lands as long as she may live, and to have the right to use them as her own and as she sees fit, including the working and selling of timber during the remainder of her natural life," is a warranty deed, and not a will. Martin v. Smith, 211 Ga. 600, 87 S.E.2d 406 (1955).

Title to bare possibility of future interest cannot be transferred immediately.

- Bare possibility of future inheritance from a living person is not a "future interest or estate," the title to which can be transferred immediately. Harper v. Harper, 241 Ga. 19, 243 S.E.2d 74 (1978).

Contingency or possibility cannot be sold, unless present right to future benefit.

- Future interest may be conveyed by deed. However, a bare contingency or possibility may not be the subject of sale, unless there shall exist a present right in the person selling to a future benefit. Shockley v. Storey, 185 Ga. 790, 196 S.E. 702 (1938).

Possibility of reverter assignable.

- Under a will which gave lands to a certain devisee but contained a provision that, if the devisee died without issue, the land should revert to the testator's estate, the heirs at law of the testator took such a contingent estate therein as was assignable during the lifetime of the devisee. Shockley v. Storey, 185 Ga. 790, 196 S.E. 702 (1938).

Remainder may be assigned or conveyed.

- Remainder is an estate in land, and whether vested or contingent, may be freely assigned and conveyed. Darnell v. Holtzclaw, 260 Ga. 891, 401 S.E.2d 521 (1991).

Vested remainder is a present estate; only the possession is postponed. Darnell v. Holtzclaw, 260 Ga. 891, 401 S.E.2d 521 (1991).

Vested remainder found.

- Trial court erred in the court's construction of a deed because the deed was clear as written and, as such, the heir received a one-third undivided interest in the property, and the executor individually and the estate each received a one-third undivided interest as the vested remaindermen who each received an interest in the property under O.C.G.A. § 44-6-66. Wilkes v. Fraser, 324 Ga. App. 642, 751 S.E.2d 455 (2013).

Contingent remainder to certain person transmissible.

- Descendible interest is created in a contingent remainder when the person or persons to take are certain, but the gift is contingent upon the happening of a certain event, and an interest that is descendible is usually otherwise transmissible. Raney v. Smith, 242 Ga. 809, 251 S.E.2d 554 (1979).

Power to appoint remainderman by will cannot be exercised by deed.

- When a deed granted a life estate and at the same time conferred upon the grantee power to appoint by will the person or persons to take in the remainder, the appointment could be made by will only, and an attempt to exercise the power by a deed was ineffectual, and a grantee under the deed had no interest which the grantee could convey to another in virtue of the appointment attempted in the deed. Newton v. Bullard, 181 Ga. 448, 182 S.E. 614 (1935).

Deed to person not in esse.

- Deed to immediate estate in land to a person not in esse is absolutely void. Bank of Graymont v. Kingery, 170 Ga. 771, 154 S.E. 355 (1930).

Cited in Lufburrow v. Koch, 75 Ga. 448 (1885); West v. Anderson, 187 Ga. 587, 1 S.E.2d 671 (1939); Yancey v. Grafton, 197 Ga. 117, 27 S.E.2d 857 (1943); Chance v. Buxton, 177 F.2d 297 (5th Cir. 1949); Seymour v. Presley, 239 Ga. 572, 238 S.E.2d 347 (1977); Chattahoochee Holdings, Inc. v. Marshall, 146 Ga. App. 658, 247 S.E.2d 167 (1978); Henderson v. Collins, 245 Ga. 776, 267 S.E.2d 202 (1980).

Am. Jur. 2d.

- 23 Am. Jur. 2d, Deeds, § 211 et seq.

C.J.S.

- 26A C.J.S., Deeds, §§ 25, 26.

ALR.

- Quantum of estate passing to grantee as affected by language in deed purporting to express his intention that property is to third person upon his death, 52 A.L.R. 540.

Delivery of deed to third person to be delivered to grantee after grantor's death, 52 A.L.R. 1222.

Fee simple conditional, 114 A.L.R. 602.

Effect on validity and character of instrument in form of deed of provisions therein indicating an intention to postpone or limit the rights of grantee until after the death of grantor, 31 A.L.R.2d 532.

Implication of right of life tenant to entrench upon or dispose of corpus from language contemplating possible diminution or elimination of gift over, 31 A.L.R.3d 6.

Validity and effect of provision in deed attempting to make reservation or exception in favor of grantor's spouse, 52 A.L.R.3d 753.