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.
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).
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