2021 Georgia Code
Title 44 - Property
Chapter 6 - Estates
Article 2 - Fee Simple Estates
§ 44-6-21. Words Necessary to Create Absolute Estate; Preference for Construing as Conveyance; Maker's Intention Controls; Parol Evidence
The word "heirs" or its equivalent is not necessary to create an absolute estate. Every properly executed conveyance shall be construed to convey the fee unless a lesser estate is mentioned and limited in that conveyance. If a lesser estate is expressly limited, the courts shall not, by construction, increase such estate into a fee but, disregarding all technical rules, shall give effect to the intention of the maker of the instrument, as far as the same is lawful, if the intention can be gathered from the contents of the instrument. If the court cannot gather the intention of the maker from the contents of the instrument, it may hear parol evidence to prove the maker's intention.
(Laws 1821, Cobb's 1851 Digest, p. 169; Code 1863, § 2228; Code 1868, § 2222; Code 1873, § 2248; Code 1882, § 2248; Civil Code 1895, § 3083; Civil Code 1910, § 3659; Code 1933, § 85-503.)
Law reviews.- For comment on Grant v. Haymes, 164 Ga. 371, 138 S.E. 892 (1927), see 1 Ga. L. Rev. 45 (1927). For comment on Bienvenu v. First Nat'l Bank, 193 Ga. 101, 17 S.E.2d 257 (1941), see 4 Ga. B.J. 45 (1942).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Rules of Construction
RESEARCH REFERENCES
Am. Jur. 2d.
- 23 Am. Jur. 2d, Deeds, §§ 212, 226 et seq. 28 Am. Jur. 2d, Estates, § 15 et seq. 80 Am. Jur. 2d, Wills, §§ 1119, 1260 et seq.
C.J.S.- 26A C.J.S., Deeds, §§ 169 et seq., 182 et seq., 245 et seq., 280 et seq. 96 C.J.S., Wills, § 1192 et seq.
ALR.
- Meaning of term "issue" where used as a word of purchase, 2 A.L.R. 930; 117 A.L.R. 691.
Effect of omission of words of inheritance from a reservation, exception, or provision for forfeiture in a deed, 34 A.L.R. 695.
Nature of estate created by grant or gift to one and his children, 161 A.L.R. 612.
Nature of estates or interests created by grant or devise to one and heirs if donee should have any heirs, 16 A.L.R.2d 670.
Conveyance of "right of way," in connection with conveyance of another tract, as passing fee or easement, 89 A.L.R.3d 767.
