44-6-61. Vested and contingent remainders distinguished.

Active

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

Remainders are either vested or contingent. A vested remainder is a remainder which is limited to a certain person at a certain time or which is dependent upon the happening of a necessary event. A contingent remainder is a remainder which is limited to an uncertain person or which is dependent upon an event which may or may not happen.

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, § 2247; Code 1868, § 2239; Code 1873, § 2265; Code 1882, § 2265; Civil Code 1895, § 3100; Civil Code 1910, § 3676; Code 1933, § 85-703.

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, ‘‘The Rule Against Perpetuities as Applied to Georgia Wills and Trusts,’’ see 16 Ga. L. Rev. 235 (1982). For note discussing construction and interpretation of wills, see 1 Ga. L. Rev. 46 (1927). For comment on Cunningham v. Cunningham, 230 Ga. 493, 197 S.E.2d 731 (1973), see 8 Ga. L. Rev. 502 (1974).

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 641; merge action: annotated; file SHA-256 490191d3dc54.