reglab/housing_qa huggingface dataset:
GA Code § 44-6-40 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 3 - Estates Granted Upon Conditions|§ 44-6-40. Grant of Estates Upon Conditions

 An estate may be granted upon either express or implied conditions. The estate shall commence, be enlarged, or be defeated upon the performance or breach of the conditions.   (Orig. Code 1863, § 2275; Code 1868, § 2268; Code 1873, § 2294; Code 1882, § 2294; Civil Code 1895, § 3136; Civil Code 1910, § 3716; Code 1933, § 85-901.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 28 Am. Jur. 2d, Estates, § 148.   C.J.S.   - 21 C.J.S., Covenants, § 1. 26A C.J.S., Deeds, §§ 246, 273, 304 et seq., 326. 31 C.J.S., Estates, §§ 7, 8, 10, 12, 21 et seq. 96 C.J.S., Wills, §§ 1238, 1239, 1254 et seq, 1280. 97 C.J.S., Wills, § 1380.   ALR.    - Reservation by successive grantors of re-entry for breach of conditions subsequent in deeds, 114 A.L.R. 566.    Distinction between contingent estates and estates vested, subject to defeasance, 131 A.L.R. 712.   Provision of will for forfeiture in case of contest, as applied to contest by one not a beneficiary, 7 A.L.R.2d 1357.   Nature of estate conveyed by deed for park or playground purposes, 15 A.L.R.2d 975.   Validity and effect of transfer of possibility of reverter or right of re-entry, following conveyance of determinable fee or fee subject to condition subsequent, 53 A.L.R.2d 224.
GA Code § 44-6-41 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 3 - Estates Granted Upon Conditions|§ 44-6-41. Conditions Precedent and Subsequent Distinguished; Preferred Construction and Remedy

 Conditions may be either precedent or subsequent; conditions precedent require performance before the estate shall vest, and conditions subsequent may cause a forfeiture of a vested estate. The law favors conditions to be subsequent rather than precedent and to be remediable by damages rather than by forfeiture.   (Orig. Code 1863, § 2276; Code 1868, § 2269; Code 1873, § 2295; Code 1882, § 2295; Civil Code 1895, § 3137; Civil Code 1910, § 3717; Code 1933, § 85-902.)   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).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Conditions Precedent   Conditions Subsequent   Remedies    OPINIONS OF THE ATTORNEY GENERAL   Conveyance providing title reverts should stated purposes cease gives grantee fee on condition subsequent.   - Conveyance of land which provides that it is for stated purposes, and that should it cease to be used for such purposes the title is to revert back, gives the grantee a fee on condition subsequent, and upon breach thereof, the grantor has a right of reentry; this right of reentry can also be asserted against the state as grantee. 1958-59 Op. Att'y Gen. p. 281.   RESEARCH REFERENCES   Am. Jur. 2d.   - 28 Am. Jur. 2d, Estates, § 151 et seq.   C.J.S.   - 26A C.J.S., Deeds, §§ 304 et seq., 315, 316, 320, 335 et seq., 353 et seq., 369 et seq. 31 C.J.S., Estates, §§ 1, 10, 21 et seq. 51 C.J.S., Landlord and Tenant, § 178 et seq. 96 C.J.S., Wills, §§ 1238, 1239, 1254 et seq., 1323, 1336, 1337, and 1360. 97 C.J.S., Wills §§ 1394 et seq., 1403, 1404.   ALR.    - Commencement of development within fixed term as extending term of oil and gas lease, 67 A.L.R. 526.   Provision of will for forfeiture in case of contest, as applied to contest by one not a beneficiary, 7 A.L.R.2d 1357.   Nature of estate conveyed by deed for park or playground purposes, 15 A.L.R.2d 975.   Nature of estates or interests created by grant or devise to one and heirs if donee should have any heirs, 16 A.L.R.2d 670.   Devisability of possibility of reverter, or of right of re-entry for breach of condition subsequent, 16 A.L.R.2d 1246.   Validity and effect of transfer of possibility of reverter or right of re-entry, following conveyance of determinable fee or fee subject to condition subsequent, 53 A.L.R.2d 224.   Testamentary devise or bequest conditioned upon beneficiary's supporting or rendering services to named person as providing for condition subsequent or precedent, 25 A.L.R.3d 762.
GA Code § 44-6-42 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 3 - Estates Granted Upon Conditions|§ 44-6-42. Right of Entry After Breach of Condition Subsequent

 Upon the breach of a condition subsequent, which breach works a forfeiture of the estate, the person to whom the estate is limited may enter immediately.   (Orig. Code 1863, § 2280; Code 1868, § 2273; Code 1873, § 2299; Code 1882, § 2299; Civil Code 1895, § 3141; Civil Code 1910, § 3721; Code 1933, § 85-906.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 28 Am. Jur. 2d, Estates, §§ 175 et seq., 189.   C.J.S.   - 26A C.J.S., Deeds, §§ 304 et seq., 315 et seq., 320, 326, 331 et seq., 339 et seq., 351. 31 C.J.S., Estates, § 21 et seq. 52A C.J.S., Landlord and Tenant, § 178 et seq. 52B C.J.S., Landlord and Tenant, § 1329 et seq. 97 C.J.S., Wills, § 1414.   ALR.    - Reservation by successive grantors of reentry for breach of conditions subsequent in deeds, 114 A.L.R. 566.   Provision of will for forfeiture in case of contest, as applied to contest by one not a beneficiary, 7 A.L.R.2d 1357.   Devisability of possibility of reverter, or of right of reentry for breach of condition subsequent, 16 A.L.R.2d 1246.   Waiver of, or estoppel to assert, condition subsequent or its breach, 39 A.L.R.2d 1116.
GA Code § 44-6-43 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 3 - Estates Granted Upon Conditions|§ 44-6-43. Certain Conditions Void

 Conditions which are repugnant to the estate granted, which require impossible or illegal acts to be performed, or which in themselves are contrary to the policy of the law are void.   (Orig. Code 1863, § 2277; Code 1868, § 2270; Code 1873, § 2296; Code 1882, § 2296; Civil Code 1895, § 3138; Civil Code 1910, § 3718; Code 1933, § 85-903.)   Law reviews.   - For annual survey of wills, trusts, and administration, see 43 Mercer L. Rev. 457 (1991). For summary review article on zoning and land use law, see 60 Mercer L. Rev. 457 (2008). For comment criticizing Williams v. S.M. High Co., 200 Ga. 230, 36 S.E.2d 667 (1946), holding perpetual right of renewal in lease granted to corporation did not violate rule against perpetuities, see 8 Ga. B.J. 420 (1946). For comment on Jenkins v. Shuften, 206 Ga. 315, 57 S.E.2d 283 (1950), see 12 Ga. B.J. 477 (1950). For comment, "Injunction Remedy for Breach of Restrictive Covenants: An Economic Analysis," see 45 Mercer L. Rev. 543 (1993).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Conditions Void   Conditions Not Void    RESEARCH REFERENCES   Am. Jur. 2d.   - 28 Am. Jur. 2d, Estates, §§ 154 et seq., 192 et seq.   C.J.S.   - 26A C.J.S., Deeds, §§ 310 et seq., 324, 325, 345 et seq. 31 C.J.S., Estates, § 21 et seq. 96 C.J.S., Wills, §§ 1215 et seq., 1231. 97 C.J.S., Wills, §§ 1383 et seq., 1412, 1415 et seq.   ALR.    - Restraint upon voluntary alienation of legal life estate, 160 A.L.R. 639.   Provision of will for forfeiture in case of contest, as applied to contest by one not a beneficiary, 7 A.L.R.2d 1357.   Gift or grant in terms sufficient to carry the whole property absolutely as so operating where followed by a purported limitation over of property not disposed of by the first taker, 17 A.L.R.2d 7.   Validity and effect of provision or condition against alienation in gift for charitable trust or to charitable corporation, 100 A.L.R.2d 1208.   Pre-emptive rights to realty as violation of rule against perpetuities or rule concerning restraints on alienation, 40 A.L.R.3d 920.
GA Code § 44-6-44 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 3 - Estates Granted Upon Conditions|§ 44-6-44. Effect of Legal Disabilities on Conditions; Notice of Condition

 No legal disability except that of being non compos mentis shall excuse a person from failing to comply with a condition annexed to his estate. No notice of such condition is required to be given by the person claiming under the limitation over.   (Orig. Code 1863, § 2278; Code 1868, § 2271; Code 1873, § 2297; Code 1882, § 2297; Civil Code 1895, § 3139; Civil Code 1910, § 3719; Code 1933, § 85-904.)   RESEARCH REFERENCES   C.J.S.   - 26A C.J.S., Deeds, §§ 318, 324, 325.
GA Code § 44-6-60 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 4 - Remainders and Reversions|§ 44-6-60. Nature of Estates in Remainder and in Reversion; Rights of Reversioner

  An estate in remainder is one limited to be enjoyed after another estate is terminated or at a time specified in the future.   An estate in reversion is the residue of an estate, usually the fee left in the grantor and his heirs after the termination of a particular estate which he has granted out of it.   The rights of the reversioner are the same as those of a vested remainderman in fee.    (Orig. Code 1863, § 2245; Code 1868, § 2237; Code 1873, § 2263; Code 1882, § 2263; Civil Code 1895, § 3098; Civil Code 1910, § 3674; Code 1933, § 85-701.)   Cross references.   - Right of action for injury to remainder or reversionary interest in personalty, § 51-10-5.   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 note discussing construction and interpretation of wills, see 1 Ga. L. Rev. No. 1, p. 46 (1927).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Estates in Remainder   Estates in Reversion    RESEARCH REFERENCES   Am. Jur. 2d.   - 28 Am. Jur. 2d, Estates, §§ 197 et seq., 217 et seq.   C.J.S.   - 26A C.J.S., Deeds, § 249 et seq. 31 C.J.S., Estates, §§ 97, 130, 131. 96 C.J.S., Wills, §§ 1269, 1302.   ALR.    - Postponing distribution until payment of debts or settlement of estate as violating rule against perpetuities, 13 A.L.R. 1033.    Conveyance by life tenant and remaindermen in esse as cutting off interest of unborn persons under devise for life with remainder to a class, 25 A.L.R. 770.    Relative rights of life beneficiary and remainderman as to return on bonds or other obligations for the payment of money, bought at a premium or at a discount, 101 A.L.R. 7; 131 A.L.R. 1426.    Necessity that living members of the same class be parties to give court jurisdiction, under the doctrine of representation in respect of interests of unborn contingent remaindermen, 120 A.L.R. 876.    Relative rights of tenant for years or life and remainderman as to return on bonds or other obligations for the payment of money bought at a premium or discount, 131 A.L.R. 1426.   Rule limiting duration of restraints on alienation as applicable to covenant in deed restricting use of property, 10 A.L.R.2d 824.   Grant to one for life, and afterwards, either absolutely or contingently, to grantor's heirs or next of kin, as leaving reversion or creating remainder, 16 A.L.R.2d 691.   Devisability of possibility of reverter, or of right of reentry for breach of condition subsequent, 16 A.L.R.2d 1246.   Title to buildings when school lands revert for nonuse for school purposes, 28 A.L.R.2d 564.   Provision of will that children, etc., of remainderman who dies before expiration of precedent estate or time fixed for distribution to remaindermen, shall take the share to which he would have been entitled, as affecting the character of remainder as vested or contingent, 47 A.L.R.2d 900.
GA Code § 44-6-63 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 4 - Remainders and Reversions|§ 44-6-63. Interest of Heirs of Remainderman

 Reserved. Repealed by Ga. L. 1994, p. 364, § 2, effective March 25, 1994.   Editor's notes.   - This Code section was based on Orig. Code 1863, § 2248; Code 1868, § 2240; Code 1873, § 2266; Code 1882, § 2266; Civil Code 1895, § 3101; Civil Code 1910, § 3677; Code 1933, § 85-704.
GA Code § 44-6-64 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 4 - Remainders and Reversions|§ 44-6-64. Creation of Remainders by Parol

 Estates in remainder may not be created by parol.   (Orig. Code 1863, § 2250; Code 1868, § 2242; Code 1873, § 2268; Code 1882, § 2268; Civil Code 1895, § 3103; Civil Code 1910, § 3679; Code 1933, § 85-705.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 72 Am. Jur. 2d, Statute of Frauds, § 49 et seq.   C.J.S.   - 37 C.J.S., Frauds, Statute of, § 69.
GA Code § 44-6-67 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 4 - Remainders and Reversions|§ 44-6-67. Effect of Executor's Assent to Legacy to Life Tenant on Remainderman; Possession at Termination of Life Estate

 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.   (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.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 28 Am. Jur. 2d, Estates, § 269.   C.J.S.   - 34 C.J.S., Executors and Administrators, § 603.   ALR.    - Rights and duties of life tenant with power to anticipate or enjoy principal, 2 A.L.R. 1243; 27 A.L.R. 1381; 69 A.L.R. 825; 114 A.L.R. 946.    Conveyance by life tenant and remaindermen in esse as cutting off interest of unborn persons under devise for life with remainder to a class, 25 A.L.R. 770.    Words of survivorship in will disposing of remainder upon termination of life or other precedent or intervening estate as referable to time of testator's death or to time of termination such intervening estate, 114 A.L.R. 4; 20 A.L.R.2d 830.    Statute limiting period for attack on tax title as affecting remaindermen in respect of a tax sale during life tenancy, 124 A.L.R. 1145.   Words of survivorship in will disposing of estate in remainder as referable to death of testator or to termination of intervening estate, 20 A.L.R.2d 830.   Right as between life beneficiaries and remaindermen, or successive life beneficiaries, in corporate dividends or distributions, 44 A.L.R.2d 1277.   Time of ascertaining persons to take, under deed or inter vivos trust, where designated as the "heirs," "next of kin," "children," "relations," etc., of life tenant or remainderman, 65 A.L.R.2d 1408.   Delivery or distribution to life tenant, or assent by executor to his possession or to the life interest, as inuring to benefit of the remaindermen and operating to take the remainder out of the estate, absent a trust or will provision retaining it, 68 A.L.R.2d 1107.
GA Code § 44-6-81 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 5 - Life Estates|§ 44-6-81. Length of Life Estate

 An estate for life may be either for the life of the tenant or for the life of some other person or persons.   (Orig. Code 1863, § 2232; Code 1868, § 2226; Code 1873, § 2252; Code 1882, § 2252; Civil Code 1895, § 3087; Civil Code 1910, § 3663; Code 1933, § 85-601.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 28 Am. Jur. 2d, Estates, §§ 59 et seq., 63 et seq.   C.J.S.   - 26A C.J.S., Deeds, § 248. 31 C.J.S., Estates, §§ 37, 38, 78. 96 C.J.S., Wills, § 1273 et seq.   ALR.    - Conveyance by life tenant and remaindermen in esse as cutting off interest of unborn persons under devise for life with remainder to a class, 25 A.L.R. 770.    Duration of interest given to one for life, with gift over to another upon the happening of an event which occurs during the lifetime of the first taker, 96 A.L.R. 1347.    Commutation of life tenant's interest in fund realized from sale of property into estimated present value, 102 A.L.R. 969.    Right of estate of named beneficiary to payments of annuity or income during period between his death and the death of third person or other event by reference to which the period of payment is limited by the terms of will or other instrument, 112 A.L.R. 581.
GA Code § 44-6-82 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 5 - Life Estates|§ 44-6-82. How and in What Property Life Estate May Be Created

  An estate for life may be created by deed or will, by express agreement of the parties, or by operation of law.   A life estate cannot be created in property which will be destroyed on being used.    (Orig. Code 1863, § 2233; Code 1868, § 2227; Code 1873, § 2253; Code 1882, § 2253; Civil Code 1895, § 3088; Civil Code 1910, § 3664; Code 1933, § 85-602.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, §§ 5, 27. 28 Am. Jur. 2d, Estates, § 66 et seq. 51 Am. Jur. 2d, Life Tenants and Remaindermen, § 46 et seq.   C.J.S.   - 26A C.J.S., Deeds, §§ 248, 272. 31 C.J.S., Estates, §§ 38, 39, 161. 96 C.J.S., Wills, §§ 1277, 1279, 1280, 1294 et seq.   ALR.    - Provision of will for life beneficiary as giving him a legal life estate or as creating a trust, 147 A.L.R. 605.    Validity of reservation of oil and gas or other mineral rights in deed of land, as against objection of repugnancy to the grant, 157 A.L.R. 485.   Implication of right of life tenant to entrench upon or dispose of corpus from language contemplating possible diminution or elimination of gift over, 31 A.L.R.3d 6.   Validity and effect of provision in deed attempting to make reservation or exception in favor of grantor's spouse, 52 A.L.R.3d 753.
GA Code § 44-6-85 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 5 - Life Estates|§ 44-6-85. When Life Tenant Entitled to Emblements

 If a life estate is terminated by the act of someone other than the tenant for life, the tenant and his legal representative shall be entitled to emblements, which are the profits of the crop sowed by him during life, whether the plants are annual or perennial.   (Orig. Code 1863, § 2237; Code 1868, § 2231; Code 1873, § 2257; Code 1882, § 2257; Civil Code 1895, § 3092; Civil Code 1910, § 3668; Code 1933, § 85-606.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Crops, §§ 20, 22, 23, 25.   C.J.S.   - 31 C.J.S., Estates, §§ 40, 48, 49.   ALR.    - Duty as to chattels or harvested crops left on land by predecessor in possession, 27 A.L.R. 68.    Rights and duties of life tenant and remainderman (income and corpus) with respect to repairs and improvements, 175 A.L.R. 1434.   Rights in growing, unmatured annual crops as between personal representatives of decedent's estate and heirs or devisees, 92 A.L.R.2d 1373.   Rights in respect of crops as between estate of life tenant and remainderman, 47 A.L.R.3d 784.
GA Code § 44-6-86 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 5 - Life Estates|§ 44-6-86. Rights of Lessee Upon Termination of Life Estate

 If the tenant for life rents the land by the year and the life estate is terminated during the year by his death or otherwise, the lessee, upon complying with his contract with the tenant for life, shall be entitled to the land for the balance of the year.   (Orig. Code 1863, § 2238; Code 1868, § 2232; Code 1873, § 2258; Code 1882, § 2258; Civil Code 1895, § 3093; Civil Code 1910, § 3669; Code 1933, § 85-607.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 51 Am. Jur. 2d, Life Tenants and Remaindermen, §§ 65, 109 et seq.   C.J.S.   - 31 C.J.S., Estates, §§ 48 et seq., 67. 51C C.J.S., Landlord and Tenant, §§ 93, 253.   ALR.    - Death of life tenant as affecting rights under lease executed by him, 6 A.L.R. 1506; 171 A.L.R. 489.   Life tenant's death as affecting rights under lease given by him, 14 A.L.R.4th 1054.
GA Code § 44-6-88 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 5 - Life Estates|§ 44-6-88. Demand for Bond by Purchaser of Life Estate in Personalty; Effect of Failure to Give Bond

 Upon the demand of anyone interested in the remainder or his agent or attorney, which demand shall be accompanied by a statement under oath of his interest, it shall be the duty of the officer making the sale of a life estate in personalty under process of law to require the purchaser to give bond in double the value of the property, with good security, for the delivery of the property to the remainderman. The bond shall be filed in the office of the clerk of the superior court of the county in which the sale is made and shall be subject to an action on the bond by any person who is interested in the remainder. On the failure of the purchaser to give such bond, the property shall be resold at his risk, provided that notice of the demand for such bond was given before he made the purchase.   (Laws 1830, Cobb's 1851 Digest, p. 513; Code 1863, § 2244; Code 1868, § 2236; Code 1873, § 2262; Code 1882, § 2262; Civil Code 1895, § 3097; Civil Code 1910, § 3673; Code 1933, § 85-1709; Ga. L. 1982, p. 3, § 44.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 12 Am. Jur. 2d, Bonds, § 6.   C.J.S.   - 11 C.J.S., Bonds, § 53. 31 C.J.S., Estates, § 63 et seq.
GA Code § 44-6-89 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 5 - Life Estates|§ 44-6-89. Removal of Personalty Beyond State by Life Tenant; Forfeiture; Restraint

 The tenant for life in personalty shall not remove such personalty outside this state without the consent of the remainderman. If the tenant for life fraudulently attempts to remove the personalty, he shall forfeit his interest therein; if he attempts to do so without fraud, the remainderman or reversioner shall be entitled to the writ of ne exeat to restrain him.   (Laws 1830, Cobb's 1851 Digest, p. 527; Code 1863, § 2243; Code 1868, § 2235; Code 1873, § 2261; Code 1882, § 2261; Civil Code 1895, § 3096; Civil Code 1910, § 3672; Code 1933, § 85-1708.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 57 Am. Jur. 2d, Ne Exeat, §§ 6, 7.   C.J.S.   - 31 C.J.S., Estates, § 73.   ALR.    - Relative rights of life beneficiary and remainderman as to return on bonds or other obligations for the payment of money, bought at a premium or at a discount, 101 A.L.R. 7; 131 A.L.R. 1426.    Right of life tenant under a grant or reservation of a life interest in oil and gas (as distinguished from the land) in res of oil and gas developed after the commencement of his interest, 150 A.L.R. 695.    Rights and duties of life tenant and remainderman (income and corpus) with respect to repairs and improvements, 175 A.L.R. 1434.
GA Code § 44-6-90 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 5 - Life Estates|§ 44-6-90. Jurisdiction of Judge of Superior Court as to Life Estates and Contingent Remainders

  The judge of the superior court shall have jurisdiction to hear any case that:   Involves a tenant for life in real property or the proceeds of real property;   Involves a contingent remainder interest of a class subject to open through the subsequent event of a birth or an adoption; and   Does not involve the creation of a perpetuity.     In such cases, the judge may receive evidence on the likelihood of the expansion of the class of such remaindermen through the subsequent event of the birth or the adoption of another member of such class. The judge shall be authorized to make such findings of fact and law as to declare such class to be closed. Upon such findings, the judge shall require the life tenant to give bond in an amount sufficient to protect against any actual subsequent expansion of such class by the life tenant through birth or adoption. An order of the judge in such case shall contain a determination of the free marketability of any concerned property.   An action on the bond provided for in subsection (b) of this Code section shall be the sole recourse of any person who is interested in the remainder.     (Code 1981, §44-6-90, enacted by Ga. L. 1984, p. 792, § 1.)