O.C.G.A. § 44-6-80 (2019)
Nature of life estates; estates during widowhood
Estates which may extend during the life of a person but which must terminate at his death are deemed life estates during their existence. Estates during widowhood are life estates.
History
(Orig. Code 1863, § 2234; Code 1868, § 2228; Code 1873, § 2254; Code 1882, § 2254; Civil Code 1895, § 3089; Civil Code 1910, § 3665; Code 1933, § 85-603.)
Annotations
Law reviews. - For comment on Eller v. Wages, 220 Ga. 58, 136 S.E.2d 730 (1964), see 1 Ga. St. B.J. 557 (1965).
JUDICIAL DECISIONS Life estates subject to termination under particular circumstances may be created under this statute. Mid-State Homes, Inc. v. Johnson, 218 Ga. 397, 128 S.E.2d 197 (1962) (see O.C.G.A. § 44-6-80). Effect of termination on condition earlier than death. - Fact that estate may terminate on condition earlier than death does not destroy the estate’s character as a life estate. Martin v. Heard, 239 Ga. 816, 238 S.E.2d 899 (1977). Estate for life or widowhood found. - Will giving property to the wife ‘‘during lifetime or widowhood to give to our children’’ created an estate for life or during widowhood in the wife. Glore v. Scroggins, 124 Ga. 922, 53 S.E. 690 (1906). See also
Fields v. Bush, 94 Ga. 664, 21 S.E. 827 (1894). Burial or last-illness expenses not necessarily chargeable against life estate. - Burial expenses of a life tenant or the expenses of the tenant’s last illness are not, as a matter of law, chargeable against the life estate; when the life tenancy is created by will, such expenses are not chargeable against the corpus if the will does not expressly or by clear implication so provide. Reece v. McCrary, 51 Ga. App. 746, 181 S.E. 697 (1935). Cited in McDonald v. Suarez, 212 Ga. 360, 93 S.E.2d 16 (1956); Eller v. Wages, 220 Ga. 58, 136 S.E.2d 730 (1964).
RESEARCH REFERENCES Am. Jur. 2d. - 28 Am. Jur. 2d, Estates, §§ 39, 40, 59 et seq., 63, 75, 81, 82, 87, 109, 110. C.J.S. - 26A C.J.S., Deeds, § 286 et seq. 28 C.J.S., Dower, § 180 et seq. 31 C.J.S., Estates, §§ 21 et seq., 37, 78, 163. 96 C.J.S., Wills, §§ 1278, 1286.
ALR. - Devise of life estate without complete or effective disposition of remainder as negativing right of life tenant to as heir or next of kin, 128 ALR 446. Nontrust life estate expressly given for support and maintenance, as limited thereto, 26 ALR2d 1207.