All limitations over after the death of the first taker, upon his “dying without heirs,” “dying without issue,” “dying without leaving heirs or issue,” “on failure of issue,” or other and equivalent terms, shall be construed to mean a failure of heirs or issue at the time of the death of the first taker and shall convey the estate in the manner prescribed in Code Section 44-6-24.
History. Ga. L. 1853-54, p. 72, § 1; Code 1863, § 2231; Code 1868, § 2225; Code 1873, § 2251; Code 1882, § 2251; Civil Code 1895, § 3086; Civil Code 1910, § 3662; Code 1933, § 85-506.
Law reviews.
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 real property law, see 34 Mercer L. Rev. 255 (1982).
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