GA Code § 44-6-66 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 4 - Remainders and Reversions|§ 44-6-66. Preference for Vested Remainders; Construction of Words of Survivorship in Wills

 The law favors the vesting of remainders in all cases of doubt. In construing wills, words of survivorship shall refer to those survivors living at the time of the death of the testator in order to vest remainders unless a manifest intention to the contrary shall appear.   (Orig. Code 1863, § 2251; Code 1868, § 2243; Code 1873, § 2269; Code 1882, § 2269; Civil Code 1895, § 3104; Civil Code 1910, § 3680; Code 1933, § 85-708.)   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 annual survey article discussing wills, trusts, and administration of estates, see 51 Mercer L. Rev. 487 (1999). For note discussing construction and interpretation of wills, see 1 Ga. L. Rev. 46 (1927). For comment on Lanier v. Lanier, 218 Ga. 137, 126 S.E.2d 776 (1962), executory interests and the rule against perpetuities, see 14 Mercer L. Rev. 275 (1962). For comment on Burton v. Hicks, 220 Ga. 29, 136 S.E.2d 759 (1964), see 1 Ga. St. B.J. 361 (1965).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Rules of Law   Rules of Construction   Illustrative Cases    RESEARCH REFERENCES   Am. Jur. 2d.   - 28 Am. Jur. 2d, Estates, §§ 255, 280 et seq, 303 et seq.   C.J.S.   - 26A C.J.S., 251, 252, 389, 390. 31 C.J.S., Estates, §§ 1, 102. 96 C.J.S., Wills, §§ 1336, 1351, 1369.   ALR.    - Gift to one "provided" or "providing" he attains a certain age as vested or contingent, 71 A.L.R. 1051.    Devise of remainder to "husband," "wife," or "widow" as vested or contingent, 86 A.L.R. 229.    Vested or contingent character of remainder under devise of a remainder to a certain person or persons "or" his or their heirs or other class, 128 A.L.R. 306.    Effect of premature termination of precedent estate to accelerate remainder of which there is an alternative substitutional gift, 164 A.L.R. 1297.    Effect of premature termination of precedent estate to accelerate a contingent remainder, 164 A.L.R. 1433.   "Divide and pay over" rule, for purpose of determining vested or contingent character of estate, 16 A.L.R.2d 1383.   Nature of remainders created by will giving life estate to spouse of testator, with remainder to be divided equally between testator's heirs and spouse's heirs, 19 A.L.R.2d 371.   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.   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.   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.   Doctrine that gift which might be void under rule against perpetuities will be given effect where contingency actually occurs within period of rule, 20 A.L.R.3d 1094.   Time to which condition of remainderman's death refers, under gift or grant to one for life or term of years and then the remainderman, but if remainderman dies without issue, then over to another, 26 A.L.R.3d 407.