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2018 Georgia Code 44-6-85 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-6-85 Case Law from Google Scholar Amendments to OCGA 44-6-85

TITLE 44 PROPERTY

Section 6. Estates, 44-6-1 through 44-6-206.

ARTICLE 5 LIFE ESTATES

44-6-85. When life tenant entitled to emblements.

If a life estate is terminated by the act of someone other than the tenant for life, the tenant and his legal representative shall be entitled to emblements, which are the profits of the crop sowed by him during life, whether the plants are annual or perennial.

(Orig. Code 1863, § 2237; Code 1868, § 2231; Code 1873, § 2257; Code 1882, § 2257; Civil Code 1895, § 3092; Civil Code 1910, § 3668; Code 1933, § 85-606.)

JUDICIAL DECISIONS

Section is merely declaratory of the common law. Story v. Butt, 2 Ga. App. 119, 58 S.E. 388 (1907), later appeal, 5 Ga. App. 540, 63 S.E. 658 (1909) (see O.C.G.A. § 44-6-85).

Life tenant entitled to emblements.

- Upon the principle that one that sows in peace shall reap in peace, the tenant for life is always entitled to emblements, because it was not known when the tenant sowed that the life would end before the tenant reaped. Chappell v. Boud, 56 Ga. 578 (1876).

If the life estate is terminated, not by the act of the tenant, the tenant and the tenant's legal representatives shall be entitled to emblements, which are the profits of the crop sowed by the tenant during life, whether the plants are annual or perennial. Bristol Sav. Bank v. Nixon, 169 Ga. 282, 150 S.E. 148 (1929).

Cited in Trust Co. v. Kenny, 188 Ga. 243, 3 S.E.2d 553 (1939); Eslinger v. Keith, 218 Ga. App. 742, 463 S.E.2d 501 (1995).

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Crops, §§ 20, 22, 23, 25.

C.J.S.

- 31 C.J.S., Estates, §§ 40, 48, 49.

ALR.

- Duty as to chattels or harvested crops left on land by predecessor in possession, 27 A.L.R. 68.

Rights and duties of life tenant and remainderman (income and corpus) with respect to repairs and improvements, 175 A.L.R. 1434.

Rights in growing, unmatured annual crops as between personal representatives of decedent's estate and heirs or devisees, 92 A.L.R.2d 1373.

Rights in respect of crops as between estate of life tenant and remainderman, 47 A.L.R.3d 784.

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