O.C.G.A. § 44-6-90 (2019)
Jurisdiction of judge of superior court as to life estates and contingent remainders
(a) The judge of the superior court shall have jurisdiction to hear any case that: (1) Involves a tenant for life in real property or the proceeds of real property; (2) Involves a contingent remainder interest of a class subject to open through the subsequent event of a birth or an adoption; and (3) Does not involve the creation of a perpetuity. (b) In such cases, the judge may receive evidence on the likelihood of the expansion of the class of such remaindermen through the subsequent event of the birth or the adoption of another member of such class. The judge shall be authorized to make such findings of fact and law as to declare such class to be closed. Upon such findings, the judge shall require the life tenant to give bond in an amount sufficient to protect against any actual subsequent expansion of such class by the life tenant through birth or adoption. An order of the judge in such case shall contain a determination of the free marketability of any concerned property. (c) An action on the bond provided for in subsection (b) of this Code section shall be the sole recourse of any person who is interested in the remainder.
History
(Code 1981, § 44-6-90, enacted by Ga. L. 1984, p. 792, § 1.)
Annotations
Law reviews. - For article surveying Georgia cases in the area of real property
from June 1977 through May 1978, see 30 Mercer L. Rev. 167 (1978).
JUDICIAL DECISIONS Cited in City of Jefferson v. Trustees of Martin Inst., 199 Ga. 71, 33 S.E.2d 354 (1945); Warehouses, Inc. v. Wetherbee, 203
Ga. 483, 46 S.E.2d 894 (1948); Southland Inv. Corp. v. McIntosh, 137 Ga. App. 216, 223 S.E.2d 257 (1976).
OPINIONS OF THE ATTORNEY GENERAL Department of Human Resources may not lease state property to private citizen. - Department of Human Resources has, at present, no general authority or power to lease (grant an estate for years) to a private
citizen for one’s private purposes real property owned by the state and within the custody and management of the department. 1974 Op. Att’y Gen. No. 74-40.
RESEARCH REFERENCES ALR. - Validity of oil or gas lease as affected by surrender clause, 3 ALR 378. Commission of waste as ground for forfeiture of lease, 3 ALR 672. Lease of property as ademption or revocation of devise, 8 ALR 1638. Construction of provision for free gas in oil and gas lease, 9 ALR 89. Time for drilling additional wells in productive territory under oil and gas lease, 14 ALR 967. What amounts to an option to renew or extend a lease, 26 ALR 1413. Commencement of development within fixed term as extending term of oil and gas lease, 67 ALR 526. Rights in respect of rents or royalties earned under an oil and gas lease or other grant of mineral rights in which owners of different tracts join as lessors, 116 ALR 1267. Easements or privileges of tenant of part of building as to other parts not included in lease, 24 ALR2d 123.
Sublessee’s obligation to sublessor to perform latter’s covenants in original lease, 24 ALR2d 707. Lease of realty for term of years as subject of chattel mortgage, 33 ALR2d 1277. Duty of lessee or assignee of oil or gas lease as regards marketing or delivery for marketing of oil and gas discovered, 71 ALR2d 1219. Liability of lessee who assigns lease for rent accruing subsequently to extension or renewal of term, 10 ALR3d 818. Landlord’s duty, on tenant’s failure to occupy, or abandonment of, premises, to mitigate damages by accepting or procuring another tenant, 21 ALR3d 534. Implied covenant or obligation to provide lessees with actual possession, 96 ALR3d 1155. Implied duty of oil and gas lessee to protect against drainage, 18 ALR4th 14. Remedy for breach of implied duty of oil and gas lessee to protect against drainage, 18 ALR4th 147.