The assent of an executor to a legacy to a life tenant inures to the benefit of the remainderman. At the termination of the life estate, the remainderman may take possession immediately unless the will provides for a sale or other act to be done for the purpose of or prior to a division, in which case the executor may recover possession for the purpose of executing the will.
History. Orig. Code 1863, § 2252; Code 1868, § 2244; Code 1873, § 2270; Code 1882, § 2270; Civil Code 1895, § 3105; Civil Code 1910, § 3681; Code 1933, § 85-709.
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