O.C.G.A.

O.C.G.A. § 44-6-85 (2019)

When life tenant entitled to emblements

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

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.

History

(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.)

Annotations

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 ALR 68.

Rights and duties of life tenant and remainderman (income and corpus) with respect to repairs and improvements, 175 ALR 1434. Rights in growing, unmatured annual crops as between personal representatives of

decedent’s estate and heirs or devisees, 92 ALR2d 1373. Rights in respect of crops as between estate of life tenant and remainderman, 47 ALR3d 784.

Notes of Decisions

Cited in 1 case, 1995–1995 · leading case: Eslinger v. Keith, 463 S.E.2d 501 (Ga. Ct. App. 1995).

Sort: Relevance Newest Treatment

Eslinger v. Keith, 463 S.E.2d 501 (Ga. Ct. App. 1995). · cites it 2× “As holder of a life estate, Eslinger would be entitled to the profits from crops or emblements sowed by him during his life (OCGA § 44-6-85; Cheshire v. Keaton, 184 Ga.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.