Assent of executor perfects inchoate title.

- Assent of the executor to a devise of lands perfects the inchoate title of the devisee. Watkins v. Gilmore, 121 Ga. 488, 49 S.E. 598 (1904).

Devise of the executors to a life tenant perfects the title of the remaindermen, and the executors then no longer control the land or have any interest in the land. Oliver v. Irvin, 219 Ga. 647, 135 S.E.2d 376 (1964).

Upon assent, executor parts with power and control over land.

- When an executor assents to a legacy to the tenant for life, the executor parts with all power and control over the land involved, when the will imposes no further duty upon the executor with respect to the land. Pound v. Faulkner, 193 Ga. 413, 18 S.E.2d 749 (1942).

Assent generally irrevocable.

- Assent of the executor, when once given, is, in general, irrevocable, although the assets may prove insufficient to pay the debts. Watkins v. Gilmore, 121 Ga. 488, 49 S.E. 598 (1904).

Assent of an executor to a devise of land places title in the devisee, and assent once given is generally irrevocable. Miller v. Harris County, 186 Ga. 648, 198 S.E. 673 (1938).

After life estate lapses, remaindermen may take possession.

- When, after the lapse of the life estate, there were no debts against the estate, and the executors or trustees had previously turned it over to the life tenant to be appropriated to the purpose, thereby assenting to the legacy of both the life tenant and remainderman, the estate vested in the remainderman, and there was no impediment to the remainderman entering and taking possession. Akin v. Akin, 78 Ga. 24, 1 S.E. 267 (1886).

When land is devised to one for life with remainder over to another, the executor's assent to the devise for life inures to the benefit of the remainderman, and at the termination of the life estate, the remainderman may take immediate possession of the property unless the will shows a different intention. Watkins v. Gilmore, 121 Ga. 488, 49 S.E. 598 (1904).

Principle is plain and the mandate of the statute explicit that upon the death of the life tenant the remainderman is entitled to immediate possession of the remainder estate. Perkins v. First Nat'l Bank, 221 Ga. 82, 143 S.E.2d 474 (1965).

After executor's assent, land no longer part of testator's estate.

- When, under the executor's assent to a devise for life with remainder over, the remainderman, after the death of the life tenant, becomes entitled to the immediate possession of the land, such land is no longer any part of the estate of the testator. Miller v. Harris County, 186 Ga. 648, 198 S.E. 673 (1938).

Following executor's assent, land cannot be sold by executor.

- When, under the executor's assent to a devise for life with remainder over, the remainderman, after the death of the life tenant, becomes entitled to the immediate possession of the land, the land is no longer any part of the estate of the testator nor subject to be sold to pay the debts of such estate; and the ordinary (now probate judge) has no power or jurisdiction to order the land sold as part of the estate. In such case, although the ordinary (now probate judge) has granted an order of sale, the executor, having no title or right to the land, cannot recover the land from the remainderman or from a third party, whether the latter have good title or not. Watkins v. Gilmore, 121 Ga. 488, 49 S.E. 598 (1904).

After assent to a devise by the executors, the land ceased to be a part of the estate of the testator and could not be sold by the executors to pay any debts thereof, and a court of ordinary (now probate court) has no power or jurisdiction to order the land sold as part of the estate; such order, being void, may be attacked anywhere and at any time. Biggers v. Gladin, 204 Ga. 481, 50 S.E.2d 585 (1948).

Life tenant's administrator may not sell land after executor's assent.

- When, under the terms of a will, the executor assented to a devise and delivered the property to the life tenant, the title passed out of the estate, and when, at the death of the life tenant, an administrator was appointed and sought to sell the property and distribute the proceeds, such an administration is void for lack of jurisdiction in the court; accordingly, in a suit by the remaindermen for equitable partition, the trial court erred in directing a verdict for the defendants. Pope v. Stanley, 202 Ga. 180, 42 S.E.2d 488 (1947).

When will provides for sale and division of proceeds among remaindermen.

- Administrator may recover property from the remaindermen for the purpose of a sale, even though the executrix had assented, if the will provided that a sale should be made and the proceeds divided among the remaindermen. Evans v. Paris, 148 Ga. 44, 95 S.E. 682 (1918).

It is apparent that under the terms of the will the duty of selling for distribution, if the lands could not be divided in kind, devolved upon the executrix under this statute. Hall v. Ewing, 149 Ga. 693, 101 S.E. 807 (1920) (see O.C.G.A. § 44-6-67).

Assent of an executor to the legacy of a tenant for life inures to the benefit of the remaindermen, and the remainderman may, at the termination of the life estate, take possession immediately. The executor can recover possession only if it is necessary for the executor to have it for the purpose of executing the will, when it provides for a sale or other act to be done in order to effect a division among the remaindermen. Miller v. Harris County, 186 Ga. 648, 198 S.E. 673 (1938).

Assent of the executor inures to the benefit of the remainderman who, at the termination of the life estate, may take possession immediately, unless the will provides for a sale or other act to be done for the purpose of effecting a division among remaindermen. Biggers v. Gladin, 204 Ga. 481, 50 S.E.2d 585 (1948).

Unpaid creditor may subject land of devisees to claim.

- Executors having assented to a devise and delivered to the life tenant the land, such assent perfected the inchoate title of the devisee and became irrevocable by the executors; in such a case, however, an unpaid creditor may follow the land into the hands of the devisees and subject it at law or equity to the payment of the creditor's claim. Biggers v. Gladin, 204 Ga. 481, 50 S.E.2d 585 (1948).

Vested remainder interest in life estate is subject to levy and sale as heir's property, though the life estate is not terminated, if the executor has assented to the legacy for life. Pound v. Faulkner, 193 Ga. 413, 18 S.E.2d 749 (1942).

Am. Jur. 2d.

- 28 Am. Jur. 2d, Estates, § 269.

C.J.S.

- 34 C.J.S., Executors and Administrators, § 603.

ALR.

- Rights and duties of life tenant with power to anticipate or enjoy principal, 2 A.L.R. 1243; 27 A.L.R. 1381; 69 A.L.R. 825; 114 A.L.R. 946.

Conveyance by life tenant and remaindermen in esse as cutting off interest of unborn persons under devise for life with remainder to a class, 25 A.L.R. 770.

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 such intervening estate, 114 A.L.R. 4; 20 A.L.R.2d 830.

Statute limiting period for attack on tax title as affecting remaindermen in respect of a tax sale during life tenancy, 124 A.L.R. 1145.

Words of survivorship in will disposing of estate in remainder as referable to death of testator or to termination of intervening estate, 20 A.L.R.2d 830.

Right as between life beneficiaries and remaindermen, or successive life beneficiaries, in corporate dividends or distributions, 44 A.L.R.2d 1277.

Time of ascertaining persons to take, under deed or inter vivos trust, where designated as the "heirs," "next of kin," "children," "relations," etc., of life tenant or remainderman, 65 A.L.R.2d 1408.

Delivery or distribution to life tenant, or assent by executor to his possession or to the life interest, as inuring to benefit of the remaindermen and operating to take the remainder out of the estate, absent a trust or will provision retaining it, 68 A.L.R.2d 1107.