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.
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).
Structure Georgia Code
Article 2 - Fee Simple Estates
§ 44-6-20. “Absolute or Fee Simple Estate” Defined
§ 44-6-22. Creation of Estate to Commence in Future; Fee in Abeyance; Fee Limited Upon Fee
§ 44-6-23. Construction of Words Such as “Heirs” or “Heirs of body.”
§ 44-6-25. Construction and Effect of Limitations Over After Death of First Taker