44-6-22. Creation of estate to commence in future; fee in abeyance; fee limited upon fee.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

An absolute estate may be created to commence in the future, and the fee may be in abeyance without detriment to the rights of subsequent remainders. A fee may be limited upon a fee, either by deed or will, where the plain intention of the grantor or testator requires it and no other rule of law is violated thereby.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 2227; Code 1868, § 2221; Code 1873, § 2247; Code 1882, § 2247; Civil Code 1895, § 3082; Civil Code 1910, § 3658; Code 1933, § 85-502.

Law reviews

For article, ‘‘Creation of Defeasible Fees,’’ see 15 Ga. B.J. 20 (1952). For article, ‘‘Descendible Future Interests in Georgia: The Effect of the Preference for Early Vesting,’’ see 7 Ga. L. Rev. 443 (1973). For article, ‘‘The Rule Against Perpetuities as Applied to Georgia Wills and Trusts,’’ see 16 Ga. L. Rev. 235 (1982). For comment on Jenkins v. Shuften, 266 Ga. 315, 57 S.E.2d 283 (1950), see 12 Ga. B.J. 477 (1950).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, page 609; merge action: carried; file SHA-256 490191d3dc54.