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2018 Georgia Code 44-6-161 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-6-161 Case Law from Google Scholar Amendments to OCGA 44-6-161

TITLE 44 PROPERTY

Section 6. Estates, 44-6-1 through 44-6-206.

ARTICLE 7 TENANCY IN COMMON

44-6-161. Who may apply for partition.

If the party desiring the writ of partition is of full age and free from disability, he or she may make the application either in person or by his or her agent or attorney in fact or at law. An application may be made for the benefit of a minor, a mentally ill or intellectually disabled person, or the beneficiary of a trust by the guardian of such minor, the guardian of such mentally ill or intellectually disabled person, or the trustee of such beneficiary, as the case may be.

(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; Ga. L. 2015, p. 385, § 4-10/HB 252.)

The 2015 amendment, effective July 1, 2015, in the first sentence, inserted "or she" and inserted "or her"; and substituted "intellectually disabled" for "retarded" twice in the second sentence.

Editor's notes.

- Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'J. Calvin Hill, Jr., Act.'"

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 A.L.R. 455.

Right of cestui que trust (or one claiming through or under him) to maintain suit for partition, 126 A.L.R. 1009.

Power of guardian to agree to, or of court to approve, voluntary partition between infant or incompetent and cotenant, 157 A.L.R. 755.

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