Life estate created by deed or devise.

- Life estate is created by devise, deed, or operation of law. Thus, a gift by deed or devise of a parent to a child of a lot of land during the life of such child, remainder to the child or children of such child, carves out a life estate for the child of the donor or devisor. Dickinson v. Jones, 36 Ga. 97 (1867).

When a husband by deed granted to his wife "and to her heirs and assigns forever" described property, with the understanding that at her death the land was to go to his youngest son, "to have and to hold said land to the only proper use and benefit and behoof of the wife, her heirs and assigns, in fee simple forever," such deed created a life estate in the wife, with remainder to the grantor's youngest son; on the death of the life tenant (wife), and remainderman (son), intestate, the son leaving a wife and no children, the wife of the son inherited the land as the sole heir at law of her deceased husband. Crews v. Crews, 174 Ga. 45, 162 S.E. 107 (1931).

Life estate created by agreement.

- Life estate is created where dower, or one-third of the land for life, is assigned to the widow. All estates for life, however created, are of the same duration, have the same rights, privileges, and incidents, and are subject to the same restrictions in their enjoyment. Dickinson v. Jones, 36 Ga. 97 (1867).

Effect of the family agreement relative to the life portion reserved for dower was to give the widow a life estate. Allen v. Lindsey, 139 Ga. 648, 77 S.E. 1054 (1913).

Reservation of life estate.

- When grantor alleges that agreement was to allow the grantor to use house for the rest of the grantor's life, if the allegation is deemed credible by a jury, it is sufficient to reserve a life estate in the house and curtilage. Fox v. Washburn, 264 Ga. 617, 449 S.E.2d 513 (1994).

Life estate cannot be created in property destroyed in use.

- Life estate may be created in personal property, within the limitation that the estate may not be created in such property as is destroyed in the use. First Nat'l Bank v. Geiger, 61 Ga. App. 865, 7 S.E.2d 756 (1940).

Section not applicable to long-term depreciation.

- Expression "destroyed in the use" does not refer to property of a substantial nature which depreciates from the use over a substantial period of time. First Nat'l Bank v. Geiger, 61 Ga. App. 865, 7 S.E.2d 756 (1940).

Section alludes to things perishing with usage.

- Statute prohibiting the creation of a remainder in property that is destroyed in the use, does not allude to money, but to such things as perish with the usage. Biggers v. Gladin, 204 Ga. 481, 50 S.E.2d 585 (1948) (see O.C.G.A. § 44-6-82).

Life estate may be created in money and this statute does not allude to money, but to such things as perish with the usage. Chisholm v. Lee, 53 Ga. 611 (1875); Barmore v. Gilbert, 151 Ga. 260, 106 S.E. 269, 14 A.L.R. 1060 (1921) (see O.C.G.A. § 44-6-82).

Life estate and a remainder interest may be created in money. Biggers v. Gladin, 204 Ga. 481, 50 S.E.2d 585 (1948).

Life estate may be created in livestock.

- There can be no doubt but that a life estate may be created in livestock, it being property not strictly consumable in the use. Leonard v. Owen, 93 Ga. 678, 20 S.E. 65 (1894).

Burial and last illness expenses not necessarily chargeable against life estate.

- Burial expenses of a life tenant or the expenses of the tenant's last illnesses 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 when the will does not expressly or by clear implication so provide. Reece v. McCrary, 51 Ga. App. 746, 181 S.E. 697 (1935).

Grant of permission for one to remain on land "for an indefinite period rent free" does not, as a matter of law, create a life estate, even if the grantee believes it to do so. Mitchell v. Mitchell, 159 Ga. App. 495, 283 S.E.2d 709 (1981).

Cited in Campbell v. Barnard, 74 Ga. App. 272, 39 S.E.2d 420 (1946); White v. Howell, 117 Ga. App. 778, 161 S.E.2d 892 (1968).

Am. Jur. 2d.

- 23 Am. Jur. 2d, Deeds, §§ 5, 27. 28 Am. Jur. 2d, Estates, § 66 et seq. 51 Am. Jur. 2d, Life Tenants and Remaindermen, § 46 et seq.

C.J.S.

- 26A C.J.S., Deeds, §§ 248, 272. 31 C.J.S., Estates, §§ 38, 39, 161. 96 C.J.S., Wills, §§ 1277, 1279, 1280, 1294 et seq.

ALR.

- Provision of will for life beneficiary as giving him a legal life estate or as creating a trust, 147 A.L.R. 605.

Validity of reservation of oil and gas or other mineral rights in deed of land, as against objection of repugnancy to the grant, 157 A.L.R. 485.

Implication of right of life tenant to entrench upon or dispose of corpus from language contemplating possible diminution or elimination of gift over, 31 A.L.R.3d 6.

Validity and effect of provision in deed attempting to make reservation or exception in favor of grantor's spouse, 52 A.L.R.3d 753.