O.C.G.A. § 44-6-81 (2019)
Length of life estate
An estate for life may be either for the life of the tenant or for the life of some other person or persons.
History
(Orig. Code 1863, § 2232; Code 1868, § 2226; Code 1873, § 2252; Code 1882, § 2252; Civil Code 1895, § 3087; Civil Code 1910, § 3663; Code 1933, § 85-601.)
Annotations
JUDICIAL DECISIONS Estate to be enjoyed after preceding life estates deemed remainder. - Estate granted in a will to be enjoyed in succession, after the expiration of the two particular life estates preceding it was a remainder or limitation over. Lane v. Citizens & S. Nat’l Bank, 195 Ga. 828, 25 S.E.2d 800 (1943). Life tenant’s possession not adverse to remainder. - When estates for life under former Civil Code 1910, § 3663 (see O.C.G.A. § 44-6-81) and estates in remainder under former Civil Code 1910, § 3674 (see O.C.G.A. § 44-6-60), were created by the same grant in the same land in favor of different persons, the possession of the life
tenant was not adverse to the estate in remainder. Ayer v. Chapman, 146 Ga. 608, 91 S.E. 548 (1917). Devise to ‘‘Z for life for . . . home for herself and H’’ passes estate to Z, but does not give H a life estate. Holland v. Zeigler, 135 Ga. 512, 69 S.E. 824 (1910). Life estate granted to two or more persons for their ‘‘joint lives’’ does not terminate as to the survivor until such survivor’s death, provided the deed or other instrument does not contain specific limiting language directing an earlier termination of the estate granted. Raulerson v. Smithwick, 263 Ga. 805, 440 S.E.2d 164 (1994).
Cited in Taylor v. Trustees of Jesse Parker Williams Hosp., 190 Ga. 349, 9 S.E.2d 165 (1940); Buchanan v. Nicholson, 192 Ga. 754, 16 S.E.2d 743 (1941); Dodson v. Trust Co.,
216 Ga. 499, 117 S.E.2d 331 (1960); White v. Howell, 117 Ga. App. 778, 161 S.E.2d 892 (1968).
RESEARCH REFERENCES Am. Jur. 2d. - 28 Am. Jur. 2d, Estates, §§ 59 et seq., 63 et seq. C.J.S. - 26A C.J.S., Deeds, § 248. 31 C.J.S., Estates, §§ 37, 38, 78. 96 C.J.S., Wills, § 1273 et seq. ALR. - 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 ALR 770. Duration of interest given to one for life, with gift over to another upon the happening of an event which occurs during the lifetime of the first taker, 96 ALR 1347.
Commutation of life tenant’s interest in fund realized from sale of property into estimated present value, 102 ALR 969. Right of estate of named beneficiary to payments of annuity or income during period between his death and the death of third person or other event by reference to which the period of payment is limited by the terms of will or other instrument, 112 ALR 581.