Statute is adaptation of British statute.

- This statute is not of common-law origin, but is manifestly an adaptation, made by the compilers of the Code, of 14 and 15 Vict., ch. 25. Story v. Butt, 2 Ga. App. 119, 58 S.E. 388 (1907) (see O.C.G.A. § 44-6-86).

Life tenant may lease estate for reasonable duration.

- One who by will is made the devisee of a life estate in the lands of the testator and given full power of disposition to the end that an income may be derived for the support of oneself and children may lawfully execute a lease of reasonable duration upon the lands of the estate, and such a lease will not expire upon one's death, even though it occurs before the last year of the lease. Hines v. McCombs, 2 Ga. App. 675, 58 S.E. 1124 (1907).

Contract binding to end of year in which tenant dies.

- Power is conferred upon the tenant for life to represent the whole estate to the extent of making a rent contract binding to the end of the year in which the death of such tenant for life may occur. Story v. Butt, 2 Ga. App. 119, 58 S.E. 388 (1907).

Undertenant obligated to comply with contract.

- Correlative duty of the undertenant is to comply with one's contract with the life tenant, and if the undertenant does so, the undertenant is not accountable to the remainderman for any portion of the year's rent, though the life tenant dies before the crops are sown. Story v. Butt, 2 Ga. App. 119, 58 S.E. 388 (1907).

If undertenant pays rent to life tenant, payment is good against claim of remainderman.

- If the life tenant takes a negotiable promissory note for the year's rent and transfers the note for value to a third person, this is legally equivalent to payment, so far as the rights between the undertenant and the remainderman are concerned. Story v. Butt, 2 Ga. App. 119, 58 S.E. 388 (1907).

Transferee of undertenant's negotiable promissory note may collect full amount of rent.

- When a life tenant rents land for the year, taking for the rent a negotiable promissory note, and transfers the note for value to a third person, and dies during the year, and none of the rent has accrued to the life tenant and none has been collected by the life tenant, the transferee of the rent note would ordinarily have the right to collect the full amount of the rent note from the undertenant. Mitchell v. Rutherford, 9 Ga. App. 722, 72 S.E. 302 (1911).

If life tenant dies without collecting rent, undertenant accountable to remainderman for rent.

- If the life tenant rents out the land for the year and dies without collecting the rent, and without doing anything to which the law would give the effect of a collection of the rent, the undertenant is entitled to possess the premises to the end of the year, but the undertenant is accountable to the remainderman for such a proportion of the rent agreed to be paid as the period between the death of the life tenant and the end of the year bears to the whole year. Butt v. Story, 5 Ga. App. 540, 63 S.E. 658 (1909).

Nonnegotiable note not equivalent to collection of rent.

- Taking of a nonnegotiable note by the life tenant, though it is assigned, is not equivalent to a collection of the rent. Butt v. Story, 5 Ga. App. 540, 63 S.E. 658 (1909).

Cited in Bristol Sav. Bank v. Nixon, 169 Ga. 282, 150 S.E. 148 (1929); Trust Co. v. Kenny, 188 Ga. 243, 3 S.E.2d 553 (1939).

Am. Jur. 2d.

- 51 Am. Jur. 2d, Life Tenants and Remaindermen, §§ 65, 109 et seq.

C.J.S.

- 31 C.J.S., Estates, §§ 48 et seq., 67. 51C C.J.S., Landlord and Tenant, §§ 93, 253.

ALR.

- Death of life tenant as affecting rights under lease executed by him, 6 A.L.R. 1506; 171 A.L.R. 489.

Life tenant's death as affecting rights under lease given by him, 14 A.L.R.4th 1054.