Since no particular estate is necessary to sustain a remainder, the defeat of the particular estate for any cause does not destroy the remainder.
History. Orig. Code 1863, § 2246; Code 1868, § 2238; Code 1873, § 2264; Code 1882, § 2264; Civil Code 1895, § 3099; Civil Code 1910, § 3675; Code 1933, § 85-702; Ga. L. 1984, p. 22, § 44.
Law reviews.
For article discussing destructibility of contingent remainders, see 3 Ga. B.J. 57 (1940).
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).
Structure Georgia Code
Article 4 - Remainders and Reversions
§ 44-6-60. Nature of Estates in Remainder and in Reversion; Rights of Reversioner
§ 44-6-61. Vested and Contingent Remainders Distinguished
§ 44-6-62. Effect of Defeat of Estate on Remainder
§ 44-6-63. Interest of Heirs of Remainderman
§ 44-6-64. Creation of Remainders by Parol
§ 44-6-65. Creation of Remainder for Persons Not in Being; Vested Remainder Subject to Open
§ 44-6-66. Preference for Vested Remainders; Construction of Words of Survivorship in Wills
§ 44-6-68. Validity of Limitations Over Upon Marriage of Widow