2020 Georgia Code
Title 44 - Property
Chapter 6 - Estates
Article 3 - Estates Granted Upon Conditions
§ 44-6-44. Effect of Legal Disabilities on Conditions; Notice of Condition
No legal disability except that of being non compos mentis shall excuse a person from failing to comply with a condition annexed to his estate. No notice of such condition is required to be given by the person claiming under the limitation over.
(Orig. Code 1863, § 2278; Code 1868, § 2271; Code 1873, § 2297; Code 1882, § 2297; Civil Code 1895, § 3139; Civil Code 1910, § 3719; Code 1933, § 85-904.)
RESEARCH REFERENCES
C.J.S.
- 26A C.J.S., Deeds, §§ 318, 324, 325.
ARTICLE 4 REMAINDERS AND REVERSIONS
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).
RESEARCH REFERENCES
ALR.
- Effect of premature termination of precedent estate to accelerate remainder of which there is an alternative substitutional gift, 5 A.L.R. 460; 164 A.L.R. 1297.
Effect of premature termination of precedent estate to accelerate contingent remainder, 5 A.L.R. 473; 164 A.L.R. 1433.
Failure or renunciation of the precedent life estate given by a will, as accelerating the vesting of a remainder limited thereon where enjoyment is postponed by the allotment of dower of the necessity of compensating disappointed legatees, 5 A.L.R. 480.
Requiring security from life tenant for protection of remaindermen, 14 A.L.R. 1066; 101 A.L.R. 271; 138 A.L.R. 440.
Time of assessment of succession tax on future contingent interests, 30 A.L.R. 478.
Right of remainderman or his privies to require disclosure or accounting by life tenant, 45 A.L.R. 519.
Doctrine as to possibility of issue extinct as affecting property rights or taxation, 67 A.L.R. 538; 146 A.L.R. 794; 98 A.L.R.2d 1285.
Future estate or interest in property as asset in bankruptcy, 68 A.L.R. 773.
Deed in consideration of support of grantor as creating an estate upon condition or a conditional limitation, 76 A.L.R. 742.
Contribution or allowance as between cotenants in remainder as affected by fact that one or more of them owns, or did own, the life estate or an interest therein, 98 A.L.R. 859.
Life interest and remainder in corporate stock as affecting stockholder's statutory liability, 99 A.L.R. 505.
Income tax in respect of that part of extraordinary cash dividend on stock held by trustee that is allocated to corpus as regards respective rights of life beneficiary and remaindermen, 99 A.L.R. 518.
Relative rights of life beneficiary and remainderman as to return on bonds or other obligations for the payment of money, bought at a premium or at a discount, 101 A.L.R. 7; 131 A.L.R. 1426.
Words of survivorship in will disposing of remainder upon termination of life or other precedent or intervening estate as referable to time of testator's death or to time of termination of such intervening estate, 114 A.L.R. 4; 20 A.L.R.2d 830.
Rights of life tenant (legal or equitable) and remaindermen in respect of amount paid by lessee in consideration of release, 121 A.L.R. 900.
Grant to one for life, and afterwards, either absolutely or contingently, to grantor's heirs or next of kin, as leaving reversion or creating remainder, 125 A.L.R. 548; 16 A.L.R.2d 691.
Death of life tenant before death of testator as causing lapse or "acceleration" of remainder, 133 A.L.R. 1367.
Remaindermen as necessary or proper parties to action or proceeding between life tenant and trustee, 136 A.L.R. 696.
"Divide and pay over" rule, for purpose of determining vested or contingent character of future estate, 144 A.L.R. 1155; 16 A.L.R.2d 1383.
Death of life beneficiary without ever having had a child as equivalent of death of all his children, which by terms of will was condition of remainder interest, 161 A.L.R. 181.
Uniform Principal and Income Act as applicable to estates under administration, 166 A.L.R. 428.
Prior estate as affected by remainder void for remoteness, 168 A.L.R. 321.
Commencement of running of statute of limitations respecting actions by owners of right of reentry, or actions against third persons by reversioners, 19 A.L.R.2d 729.
Murder of life tenant by remainderman or reversioner as affecting latter's rights to remainder or reversion, 24 A.L.R.2d 1120.
Title to buildings when school lands revert for nonuse for school purposes, 28 A.L.R.2d 564.
Time as of which members of class described as remainderman's or life tenant's "heirs," "next of kin," "descendants," "issue," "family," or the like, substituted by will to take in place of deceased remainderman, are to be ascertained, 33 A.L.R.2d 242.
Provision of will that children, etc., of remainderman who dies before expiration of precedent estate or time fixed for distribution to remaindermen, shall take the share to which he would have been entitled, as affecting the character of remainder as vested or contingent, 47 A.L.R.2d 900.
When is a gift by will or deed or trust one to a class, 61 A.L.R.2d 212; 13 A.L.R.4th 978.
Nature of remainder created by inter vivos trust giving settlor, trustee, or life beneficiary power to exhaust trust fund or otherwise terminate trust, 61 A.L.R.2d 477.
Disposition of decedent's share of income or property during interval between deaths of life beneficiaries sharing therein, where remainder was given over after death of all life beneficiaries, 71 A.L.R.2d 1332.
Distribution as between life tenant and remainderman of proceeds of condemned property, 91 A.L.R.2d 963.
Duty as between life tenant and remainderman as respects payment of improvement assessments, 10 A.L.R.3d 1309.
Time to which condition of remainderman's death refers, under gift or grant to one for life or term of years and then to remainderman, but if remainderman dies without issue, then over to another, 26 A.L.R.3d 407.
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.
Wills: gift to persons individually named but also described in terms of relationship to testator or another as class gift, 13 A.L.R.4th 978.
