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).

Deed conveyed life estate and an estate in remainder.

- Deed conveyed to a widow a fee simple estate in the property upon a decedent's death because the deed conveyed to the decedent and widow a life estate in the property as tenants in common, which terminated upon the death of either of them, and the language of the deed conveyed a fee simple estate in remainder to the surviving grantee; therefore, upon the decedent's death, the life estate of the decedent and widow in the property ended and fee simple title to the property vested in the widow. Greene v. Greene, 311 Ga. App. 132, 714 S.E.2d 650 (2011).

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); Vineville Capital Group, llc v. McCook, 329 Ga. App. 790, 766 S.E.2d 156 (2014).

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 A.L.R. 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 A.L.R. 1347.

Commutation of life tenant's interest in fund realized from sale of property into estimated present value, 102 A.L.R. 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 A.L.R. 581.