O.C.G.A. § 44-6-44 (2019)

Annotations

JUDICIAL DECISIONS Interest in property by reason of rights as judgment creditor is estate with condition annexed, and that condition requires, in case of a sale of land by the defendant to a bona fide purchaser for a valuable consideration, who is in possession of the land, that the plaintiff proceed by a levy within four years from the time when the possession commences or the estate is divested and the

bona fide purchaser holds the land discharged from the lien of the judgment. In this view of the case, no legal disability whatever, except being non compos mentis, will relieve the plaintiff from failing to comply with the condition. Chapman v. Akin, 39 Ga. 347 (1869). Cited in Evans v. Brown, 196 Ga. 634, 27 S.E.2d 300 (1943).

RESEARCH REFERENCES C.J.S. - 26A C.J.S., Deeds, §§ 318, 324, 325.

ARTICLE 4 REMAINDERS AND REVERSIONS Law reviews. - For article surveying Georgia cases in the area of real property

from June 1977 through May 1978, see 30 Mercer L. Rev. 167 (1978).

RESEARCH REFERENCES ALR. - Effect of premature termination of precedent estate to accelerate remainder of which there is an alternative substitutional gift, 5 ALR 460; 164 ALR 1297. Effect of premature termination of precedent estate to accelerate contingent remainder, 5 ALR 473; 164 ALR 1433. Failure or renunciation of the precedent life estate given by a will, as accelerating the vesting of a remainder limited thereon where enjoyment is postponed by the allotment of dower of the necessity of compensating disappointed legatees, 5 ALR 480. Requiring security from life tenant for protection of remaindermen, 14 ALR 1066; 101 ALR 271; 138 ALR 440. Time of assessment of succession tax on future contingent interests, 30 ALR 478.

Right of remainderman or his privies to require disclosure or accounting by life tenant, 45 ALR 519. Doctrine as to possibility of issue extinct as affecting property rights or taxation, 67 ALR 538; 146 ALR 794; 98 ALR2d 1285. Future estate or interest in property as asset in bankruptcy, 68 ALR 773. Deed in consideration of support of grantor as creating an estate upon condition or a conditional limitation, 76 ALR 742. Contribution or allowance as between cotenants in remainder as affected by fact that one or more of them owns, or did own, the life estate or an interest therein, 98 ALR 859. Life interest and remainder in corporate

stock as affecting stockholder’s statutory liability, 99 ALR 505. Income tax in respect of that part of extraordinary cash dividend on stock held by trustee that is allocated to corpus as regards respective rights of life beneficiary and remaindermen, 99 ALR 518. Relative rights of life beneficiary and remainderman as to return on bonds or other obligations for the payment of money, bought at a premium or at a discount, 101 ALR 7; 131 ALR 1426. Words of survivorship in will disposing of remainder upon termination of life or other precedent or intervening estate as referable to time of testator’s death or to time of termination of such intervening estate, 114 ALR 4; 20 ALR2d 830. Rights of life tenant (legal or equitable) and remaindermen in respect of amount paid by lessee in consideration of release, 121 ALR 900. Grant to one for life, and afterwards, either absolutely or contingently, to grantor’s heirs or next of kin, as leaving reversion or creating remainder, 125 ALR 548; 16 ALR2d 691. Death of life tenant before death of testator as causing lapse or ‘‘acceleration’’ of remainder, 133 ALR 1367. Remaindermen as necessary or proper parties to action or proceeding between life tenant and trustee, 136 ALR 696. ‘‘Divide and pay over’’ rule, for purpose of determining vested or contingent character of future estate, 144 ALR 1155; 16 ALR2d 1383. Death of life beneficiary without ever having had a child as equivalent of death of all his children, which by terms of will was condition of remainder interest, 161 ALR 181. Uniform Principal and Income Act as applicable to estates under administration, 166 ALR 428. Prior estate as affected by remainder void for remoteness, 168 ALR 321. Commencement of running of statute of limitations respecting actions by owners of

right of reentry, or actions against third persons by reversioners, 19 ALR2d 729. Murder of life tenant by remainderman or reversioner as affecting latter’s rights to remainder or reversion, 24 ALR2d 1120. Title to buildings when school lands revert for nonuse for school purposes, 28 ALR2d 564. Time as of which members of class described as remainderman’s or life tenant’s ‘‘heirs,’’ ‘‘next of kin,’’ ‘‘descendants,’’ ‘‘issue,’’ ‘‘family,’’ or the like, substituted by will to take in place of deceased remainderman, are to be ascertained, 33 ALR2d 242. Provision of will that children, etc., of remainderman who dies before expiration of precedent estate or time fixed for distribution to remaindermen, shall take the share to which he would have been entitled, as affecting the character of remainder as vested or contingent, 47 ALR2d 900. When is a gift by will or deed or trust one to a class, 61 ALR2d 212; 13 ALR4th 978. Nature of remainder created by inter vivos trust giving settlor, trustee, or life beneficiary power to exhaust trust fund or otherwise terminate trust, 61 ALR2d 477. Disposition of decedent’s share of income or property during interval between deaths of life beneficiaries sharing therein, where remainder was given over after death of all life beneficiaries, 71 ALR2d 1332. Distribution as between life tenant and remainderman of proceeds of condemned property, 91 ALR2d 963. Duty as between life tenant and remainderman as respects payment of improvement assessments, 10 ALR3d 1309. Time to which condition of remainderman’s death refers, under gift or grant to one for life or term of years and then to remainderman, but if remainderman dies without issue, then over to another, 26 ALR3d 407. Validity and effect of provision in deed attempting to make reservation or exception in favor of grantor’s spouse, 52 ALR3d 753. Wills: gift to persons individually named but also described in terms of relationship to testator or another as class gift, 13 ALR4th 978.