O.C.G.A.

O.C.G.A. § 44-6-20 (2019)

‘‘Absolute or fee simple estate’’ defined

✓ 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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An absolute or fee simple estate is one in which the owner is entitled to the entire property with unconditional power of disposition during his life and which descends to his heirs and legal representatives upon his death intestate.

History

(Orig. Code 1863, § 2226; Code 1868, § 2220; Code 1873, § 2246; Code 1882, § 2246; Civil Code 1895, § 3081; Civil Code 1910, § 3657; Code 1933, § 85-501.)

Annotations

JUDICIAL DECISIONS Fee simple is the greatest estate that any person can hold in property. Regents of Univ. Sys. v. Trust Co., 186 Ga. 498, 198 S.E. 345 (1938). Since a fee simple estate is the greatest estate that can be owned or conveyed, anything different must be less. Regents of Univ. Sys. v. Trust Co., 186 Ga. 498, 198 S.E. 345 (1938).

An estate in fee simple is the entire and absolute property in the land; no person can have a greater estate or interest. Jenkins v. Shuften, 206 Ga. 315, 57 S.E.2d 283 (1950); Houston v. Coram, 215 Ga. 101, 109 S.E.2d 41 (1959). Court will not by construction reduce an estate once devised absolutely in fee, by limitations contained in subsequent parts of

the will, unless the intent to limit the devise is clearly and unmistakably manifested. Houston v. Coram, 215 Ga. 101, 109 S.E.2d 41 (1959). Cited in Sanders v. Hinton, 171 Ga. 702, 156 S.E. 812 (1931); Atlantic Coast Line R.R. v. Sweat, 177 Ga. 698, 171 S.E. 123 (1933); Comer v. Citizens & S. Nat’l Bank, 182 Ga. 1, 185 S.E. 77 (1935); Milner v. Allgood, 184 Ga. 288, 191 S.E. 132 (1937); Taylor v. Trust-

ees of Jesse Parker Williams Hosp., 190 Ga. 349, 9 S.E.2d 165 (1940); First Nat’l Bank v. Robinson, 209 Ga. 582, 74 S.E.2d 875 (1953); National Bank v. First Nat’l Bank, 234 Ga. 734, 218 S.E.2d 23 (1975); Peacock v. Owens, 244 Ga. 203, 259 S.E.2d 458 (1979); DeKalb County Bd. of Tax Assessors v. W.C. Harris & Co., 248 Ga. 277, 282 S.E.2d 880 (1981).

RESEARCH REFERENCES Am. Jur. 2d. - 28 Am. Jur. 2d, Estates, § 12 et seq. C.J.S. - 31 C.J.S., Estates, §§ 7, 8. ALR. - Validity and effect of contract or deed which purports to cover or convey an undivided interest in land without specifying the amount of the interest, 123 ALR 912. Construction of deed of undivided interest in land, as to fractional interest in oil, gas, or other minerals, or in royal reserved or excepted, 163 ALR 1132. Gift or grant in terms sufficient to carry

the whole property absolutely as so operating where followed by a purported limitation over of property not disposed of by the first taker, 17 ALR2d 7. Validity of restraint, ending not later than expiration of a life or lives in being, on alienation of an estate in fee, 42 ALR2d 1243. Conveyance of ‘‘right of way,’’ in connection with conveyancing of another tract, as passing fee or easement, 89 ALR3d 767.

Notes of Decisions

Cited in 7 cases, 2002–2018 · leading case: Pinnacle Props. V, LLC v. Mainline Supply of Atlanta, LLC, 735 S.E.2d 166 (Ga. Ct. App. 2012).

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Pinnacle Props. V, LLC v. Mainline Supply of Atlanta, LLC, 735 S.E.2d 166 (Ga. Ct. App. 2012). · cites it 4× “) OCGA § 44-6-20. OCGA §§ 44-6-102; 44-6-103.”

Mills v. Parker, 560 S.E.2d 42 (Ga. Ct. App. 2002). · cites it 4× “Mills denied fee simple ownership of the Property by her answer to Parker's complaint insofar as it averred, "At the time of the Agreement, [you] held marketable fee simple title to the Property .”

Vineville Capital Grp., LLC v. Mccook, 766 S.E.2d 156 (Ga. Ct. App. 2014). · cites it 2× “Indeed, “[a]n absolute or fee simple estate is one in which the owner is entitled to the entire property with unconditional power of disposition during his life and which descends to his heirs and legal representatives upon his death intestate.”

Greene v. Greene, 714 S.E.2d 650 (Ga. Ct. App. 2011). · cites it 2× “15 See OCGA § 44-6-20 (a fee simple estate is one in which the owner is entitled to the entire property with unconditional power of disposition during his or her life and which descends to his or her heirs and legal representatives upon his or her death intestate).”

Ga. Appreciation Prop., Inc. v. Enclave at Riverwalk Townhome Ass'n, Inc., 812 S.E.2d 157 (5th Cir. 2018). “]" OCGA § 44-6-20. That power can, of course, be abridged in a variety of ways.”

Pinnacle Props. V, LLC v. Mainline Supply Of (Ga. Ct. App. 2012). · cites it 4× “9 Pinnacle’s argument that it possesses only a usufruct in the building fails, therefore, because it has admitted to having a property interest in the building.”

Georgia Appreciation Prop., Inc. v. Enclave at Riverwalk Townhome Ass'n, Inc. (Ga. Ct. App. 2018). · cites it 2× “]” OCGA § 44-6-20. That power can, of course, be abridged in a variety of ways.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.