Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448An 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.
(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.)
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. Trustees 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).
- 28 Am. Jur. 2d, Estates, § 12 et seq.
- 31 C.J.S., Estates, §§ 7, 8.
- 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 A.L.R. 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 A.L.R. 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 A.L.R.2d 7.
Validity of restraint, ending not later than expiration of a life or lives in being, on alienation of an estate in fee, 42 A.L.R.2d 1243.
Conveyance of "right of way," in connection with conveyancing of another tract, as passing fee or easement, 89 A.L.R.3d 767.
No results found for Georgia Code 44-6-20.