O.C.G.A.
O.C.G.A. § 44-6-1 (2019)
Rule against perpetuities; exception for certain trusts for employees
✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Reserved. Repealed by Ga. L. 1990, p. 1837, § 1, effective May 1, 1990.
Annotations
Editor’s notes. - Former § 44-6-1, pertaining to the rule against perpetuities, was based on Orig. Code 1863, § 2249; Code 1868, § 2241; Code 1873, § 2267; Code 1882, § 2267; Civil Code 1895, § 3102; Civil Code
1910, § 3678; Code 1933, § 85-707; Ga. L. 1953, Jan.-Feb. Sess., p. 42, § 1. For present provisions as to the rule against perpetuities, see § 44-6-200 et seq.
Notes of Decisions
Cited in 11
cases, 1983–2014 · leading case: Norton v. Georgia R.R. Bank & Trust, 322 S.E.2d 870 (Ga. 1984).
Norton v. Georgia R.R. Bank & Trust, 322 S.E.2d 870 (Ga. 1984). “Georgia recognizes the common law rule against perpetuities as codified in OCGA § 44-6-1, which states, "Limitations of estates *598 may extend through any number of lives in being at the time when the limitations commence, and 21 years, and the usual period of gestation added…”
Shiver v. Benton, 304 S.E.2d 903 (Ga. 1983). “The rule is codified in OCGA § 44-6-1 (Code Ann. § 85-707). The rule places time limits on the vesting of future interests; it also seeks to protect the free alienability of property, although the restraint may be more indirect than a pure restraint on alienation which is…”
Smith v. Stuckey, 503 S.E.2d 284 (Ga. Ct. App. 1998). “” OCGA § 44-6-1 (a), repealed by Ga. L. 1990, p.”
Young v. Cass, 340 S.E.2d 185 (Ga. 1986). “The rule against perpetuities in Georgia is stated in OCGA § 44-6-1 (a): "Limitations of estates may extend through any number of lives in being at the time when the limitations commence, and 21 years, and the usual period of gestation added thereafter.”
Owenby v. Holley, 567 S.E.2d 351 (Ga. Ct. App. 2002). “2 OCGA § 44-6-1 (a), repealed by Ga. L. 1990, p.”
Cartersville Ranch, LLC v. Dellinger, 758 S.E.2d 781 (Ga. 2014). “12 In 1990, Georgia adopted the Uniform Statutory Rule Against Perpetuities, OCGA §§ 44-6-200 to 44-6-206, which repealed Georgia’s former statutory expression of the rule set forth in OCGA § 44-6-1 but did not entirely supplant the common law rule.”
Milner v. Bivens, 335 S.E.2d 288 (Ga. 1985). “In this suit, the appellee’s argument, which was accepted by the trial court, is that the appellants, as present owners of the mineral rights to the subject property, have lost these rights under OCGA § 44-5-168 by neither working nor attempting to work the mineral rights, nor…”
Matter of Wauka, Inc., 39 B.R. 734 (Bankr. N.D. Ga. 1984). “OCGA § 44-6-1 (1982): Rule against perpetu-ities; exception for certain trusts for employees.”
First Nat. Bank of Atlanta v. Jenkins, 345 S.E.2d 829 (Ga. 1986). “Carlton was contingent upon their surviving Hubert Carlton and contingent upon their surviving until certain debts of his estate were paid.”
Pound v. Shorter, 377 S.E.2d 854 (Ga. 1989). “OCGA § 44-6-1. 2. We have undertaken a study of both the rule against perpetuities and an alternative approach, commonly called “wait and see.”
Parker v. Reynolds Metals Co., 747 F. Supp. 711 (M.D. Ga. 1990). “Turning from the specified fifty year period of the lease to its remainder, it is clear that after the initial period the lease can be extended indefinitely.”
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