GA Code § 44-6-61 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 4 - Remainders and Reversions|§ 44-6-61. Vested and Contingent Remainders Distinguished

 Remainders are either vested or contingent. A vested remainder is a remainder which is limited to a certain person at a certain time or which is dependent upon the happening of a necessary event. A contingent remainder is a remainder which is limited to an uncertain person or which is dependent upon an event which may or may not happen.   (Orig. Code 1863, § 2247; Code 1868, § 2239; Code 1873, § 2265; Code 1882, § 2265; Civil Code 1895, § 3100; Civil Code 1910, § 3676; Code 1933, § 85-703.)   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). 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). For note discussing construction and interpretation of wills, see 1 Ga. L. Rev. 46 (1927). For comment on Cunningham v. Cunningham, 230 Ga. 493, 197 S.E.2d 731 (1973), see 8 Ga. L. Rev. 502 (1974).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Vested Remainders   Contingent Remainders    OPINIONS OF THE ATTORNEY GENERAL    Remainder interest in stock in foreign corporation owned for life by nonresident  is vested remainder in that it is limited upon the happening of a necessary event. 1963-65 Op. Att'y Gen. p. 49.   RESEARCH REFERENCES   Am. Jur. 2d.   - 28 Am. Jur. 2d, Estates, § 248 et seq.   C.J.S.   - 26A C.J.S., Deeds, §§ 251, 252. 31 C.J.S., Estates, §§ 1, 82 et seq., 168 et seq. 96 C.J.S., Wills, § 1320.   ALR.    - Contingent remainder as subject to levy and sale by creditor, 60 A.L.R. 803.    Constitutionality, construction, and effect of statutes relating to determination or extinguishment of contingent interest in real property, 69 A.L.R. 924.    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 character of remainder as vested or contingent, 109 A.L.R. 5; 47 A.L.R.2d 900.    Vested or contingent character of remainder which is subject to be defeated by death of remainderman without issue before termination of particular estate, 109 A.L.R. 136.    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.    Distinction between contingent estates and estates vested, subject to defeasance, 131 A.L.R. 712.    Vested or contingent character of remainder as affected by fact that, if vested, certain person or persons will share in the property who were excluded by express terms of the will, 138 A.L.R. 1435.    Right of owner of contingent or defeasible future interest to maintain action for relief in respect of property, 144 A.L.R. 769.   Gift or grant to one upon marriage, if married, payable at marriage, or the like, as vested or contingent, 30 A.L.R.2d 127.   Character of remainder limited generally to the life tenant's children, 57 A.L.R.2d 103.   Character of remainder limited to surviving children of life tenant, 57 A.L.R.2d 197.   Where will names two or more remaindermen to take under different contingencies, must the one whose contingency occurs survive the other to make his interest transmissible?, 90 A.L.R.2d 312.   Relinquishment of interest by life beneficiary in possession as accelerating remainder of which there is substitutional gift in case primary remainderman does not survive life beneficiary, 7 A.L.R.4th 1084.