How and in What Property Life Estate May Be Created

  1. Law
  2. Georgia Code
  3. Property
  4. Estates
  5. Life Estates
  6. How and in What Property Life Estate May Be Created

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  1. An estate for life may be created by deed or will, by express agreement of the parties, or by operation of law.
  2. A life estate cannot be created in property which will be destroyed on being used.

(Orig. Code 1863, § 2233; Code 1868, § 2227; Code 1873, § 2253; Code 1882, § 2253; Civil Code 1895, § 3088; Civil Code 1910, § 3664; Code 1933, § 85-602.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Deeds, §§ 5, 27. 28 Am. Jur. 2d, Estates, § 66 et seq. 51 Am. Jur. 2d, Life Tenants and Remaindermen, § 46 et seq.

C.J.S.

- 26A C.J.S., Deeds, §§ 248, 272. 31 C.J.S., Estates, §§ 38, 39, 161. 96 C.J.S., Wills, §§ 1277, 1279, 1280, 1294 et seq.

ALR.

- Provision of will for life beneficiary as giving him a legal life estate or as creating a trust, 147 A.L.R. 605.

Validity of reservation of oil and gas or other mineral rights in deed of land, as against objection of repugnancy to the grant, 157 A.L.R. 485.

Implication of right of life tenant to entrench upon or dispose of corpus from language contemplating possible diminution or elimination of gift over, 31 A.L.R.3d 6.

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.


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