O.C.G.A. § 44-6-161 (2019)
Who may apply for partition
If the party desiring the writ of partition is of full age and free from disability, he may make the application either in person or by his agent or attorney in fact or at law. An application may be made for the benefit of a minor, a mentally ill or retarded person, or the beneficiary of a trust by the guardian of such minor, the guardian of such mentally ill or retarded person, or the trustee of such beneficiary, as the case may be.
History
(Orig. Code
1863, § 3897; Code 1868, § 3921; Code 1873, § 3997; Code 1882, § 3997; Civil Code 1895, § 4787; Civil Code 1910, § 5359; Code 1933, § 85-1505.)
Annotations
JUDICIAL DECISIONS No provision for partition when infant has no guardian. - Provision is made to have a partition for an infant when represented by a guardian, but there seems to be none if the infant has no guardian and is represented by
the infant’s next friend. Lowe v. Burke, 79 Ga. 164, 3 S.E. 449 (1887). Cited in Perdue v. McKenzie, 194 Ga. 356, 21 S.E.2d 705 (1942); Leggitt v. Allen, 85 Ga. App. 280, 69 S.E.2d 106 (1952).
RESEARCH REFERENCES Am. Jur. 2d. - 59A Am. Jur. 2d, Partition, § 90 et seq. C.J.S. - 68 C.J.S., Partition, § 61 et seq. ALR. - Right of trustee holding legal title to maintain partition suit, 103 ALR 455. Right of cestui que trust (or one claiming
through or under him) to maintain suit for partition, 126 ALR 1009. Power of guardian to agree to, or of court to approve, voluntary partition between infant or incompetent and cotenant, 157 ALR 755.