GA Code § 44-6-87 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 5 - Life Estates|§ 44-6-87. Effect of Purported Sale of Estate by Life Tenant

 No forfeiture shall result when a tenant for life purports to sell the entire estate in lands. In such a case, the purchaser shall acquire only the interest of the life tenant.   (Orig. Code 1863, § 2242; Code 1868, § 2234; Code 1873, § 2260; Code 1882, § 2260; Civil Code 1895, § 3095; Civil Code 1910, § 3671; Code 1933, § 85-609.)   Law reviews.   - For comment on Eller v. Wages, 220 Ga. 58, 136 S.E.2d 730 (1964), see 1 Ga. St. B.J. 557 (1965).   JUDICIAL DECISIONS    Statute is but a legislative declaration of what was already the law. It is true that at common law a life tenant might, by feoffment, fine, or common recovery, forfeit the life tenant's estate to the tenant in remainder, but a conveyance by lease and release, or bargain and sale, the principal mode of conveyance in America, does not work a forfeiture. Doe v. Roe, 36 Ga. 199 (1867).   Trustee for life tenant cannot sell greater interest than life estate.    - Trustee for a life tenant named in the will could not, even under a court order, sell and convey any greater interest in the property which passed under such a devise than the estate of the life tenant therein. Fleming v. Hughes, 99 Ga. 444, 27 S.E. 791 (1896).    If the life tenant conveys greater estate than that possessed, it would not work a forfeiture as at common law. Sanford v. Sanford, 55 Ga. 527 (1875).    An attempt to convey a greater estate than that possessed does not work a forfeiture of the life estate as there can be no entry and ouster against grantee until death of life tenant. Howard v. Henderson, 142 Ga. 1, 82 S.E. 292 (1914).   Superior title not passed to purchaser.    - When an original owner executed a voluntary deed to a life tenant and remainderman, and the life tenant executed a deed in fee simple to a bona fide purchaser without notice, this statute would not pass a superior title or create a superior equity in favor of such a purchaser from the life tenant. Mathis v. Solomon, 188 Ga. 311, 4 S.E.2d 24 (1939) (see O.C.G.A. § 44-6-87).   Purchaser acquires only life estate.    - Deed of L, which purports to convey a fee simple estate to the petitioner, passes only the title which L had under the terms of the will. A purchaser of the entire estate from the life tenant acquires only the interest of the life tenant. Satterfield v. Tate, 132 Ga. 256, 64 S.E. 60 (1909).    If the agreement between the grantor and a first grantee is treated as creating or leaving in the grantor a life estate, the grantor's second deed might have conveyed that only, although it may have purported to be a conveyance of the fee. Burtchael v. Byrd, 143 Ga. 31, 84 S.E. 55 (1915).    Should the holder of a life estate undertake to convey the entire estate in lands, no forfeiture would result; one would simply convey one's estate for life. McDaniel v. Bagby, 204 Ga. 750, 51 S.E.2d 805 (1949).   Life estate passes upon general tax execution.    - When property is sold for taxes as the property of a tenant for life, no more than the interest of the tenant for life passes, unless the sale is for the taxes on that specific property only. This is so when the sale is by virtue alone of the tax execution. Clower v. Fleming, 81 Ga. 247, 7 S.E. 278 (1888).    When a general tax execution against a life tenant is levied upon land in which the tenant has a life estate, the life estate only, and not the fee, is the property under the levy. Dooley v. Bohannon, 191 Ga. 7, 11 S.E.2d 188 (1940).   Remaindermen cannot enter until life tenant's death.    - Tenant for life did not forfeit the tenant's estate in the land by selling and conveying the whole fee. The remainders were not affected, and the remaindermen could not enter upon the purchaser until the death of the tenant for life. Sanford v. Sanford, 55 Ga. 527 (1875).   Remainderman has no right of possession until life tenant's death.    - Heirs having consented to and acquiesced in the entry and occupation by the widow, raising no question as to the mode of legality of the assigning and laying off her dower, had no right to possession until after her death, inasmuch as, under this statute, no forfeiture resulted by reason of her conveying the fee to another. Wells v. Dillard, 93 Ga. 682, 20 S.E. 263 (1894) (see O.C.G.A. § 44-6-87).   No right of action accrues to remainderman.    - Sale by the trustee and consent by the life tenant was not such an act by the tenant for life as, at common law, amounted to a forfeiture, and it was error in the court to hold that, on the making of such a deed, a right of action, based on the forfeiture, accrued to the remainderman, and that the statute of limitations commenced to run. Bazemore v. Davis, 48 Ga. 339 (1873).    Remainderman had no cause of action against any purchaser until the remainderman acquired a right of entry and possession by the death of the life tenant. Biggers v. Gladin, 204 Ga. 481, 50 S.E.2d 585 (1948).   Remainderman cannot interfere with sheriff's sale.    - When the sheriff, in attempting to sell the life estate of M under execution, is selling the fee, the remainderman cannot interfere, because the life tenant makes no forfeiture under this statute, and the purchaser buys no more than a life estate. Stone v. Franklin, 89 Ga. 195, 15 S.E. 47 (1892) (see O.C.G.A. § 44-6-87).    Cited in Latham v. Fowler, 192 Ga. 686, 16 S.E.2d 591 (1941); Mid-State Homes, Inc. v. Johnson, 218 Ga. 397, 128 S.E.2d 197 (1962).   RESEARCH REFERENCES   Am. Jur. 2d.   - 28 Am. Jur. 2d, Estates, § 111. 51 Am. Jur. 2d, Life Tenants and Remainderman, § 84.   C.J.S.   - 26A C.J.S., Deeds, § 257. 31 C.J.S., Estates, §§ 64 et seq., 164.