44-6-23. Construction of words such as ‘‘heirs’’ or ‘‘heirs of body.’’

Active

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

Limitations over to ‘‘heirs,’’ ‘‘heirs of the body,’’ ‘‘lineal heirs,’’ ‘‘lawful heirs,’’ ‘‘issue,’’ or words of similar meaning shall be held to mean ‘‘children’’ whether the parents are alive or dead. Under such words the children and the descendants of deceased children by representation in being at the time of the vesting of the estate shall take.

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, § 2229; Code 1868, § 2223; Code 1873, § 2249; Code 1882, § 2249; Civil Code 1895, § 3084; Civil Code 1910, § 3360; Code 1933, § 85-504.

Law reviews

For article discussing problems in construction of instrument conveying gift to a group or class, see 6 Ga. St. B.J. 169 (1969). For article, ‘‘Descendible Future Interests in Georgia: The Effect of the Preference for Early Vesting,’’ see 7 Ga. L. Rev. 443 (1973). For article surveying legislative and judicial developments in Georgia’s will, trusts, and estate laws, see 31 Mercer L. Rev. 281 (1979). For comment on Walters v. Donaldson, 184 Ga. 45, 191 S.E. 429 (1937), see 5 Ga. B.J. 64 (1943). For comment on Brooks v. Williams, 227 Ga. 59, 178 S.E.2d 880 (1970), see 23 Mercer L. Rev. 399 (1972).

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, pages 610 to 611; merge action: carried; file SHA-256 490191d3dc54.