Estates which may extend during the life of a person but which must terminate at his death are deemed life estates during their existence. Estates during widowhood are life estates. History. Orig. Code 1863, § 2234; Code 1868, § 2228; Code 1873, § 2254; Code 1882, § 2254; Civil Code 1895, § 3089; Civil Code […]
An estate for life may be either for the life of the tenant or for the life of some other person or persons. History. 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.
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. History. Orig. Code 1863, § 2233; Code 1868, § 2227; Code 1873, § 2253; Code 1882, § 2253; […]
The tenant for life shall be entitled to the full use and enjoyment of the property if in such use he exercises the ordinary care of a prudent man for its preservation and protection and commits no acts which would permanently injure the remainder or reversion interest. For the want of such care or the […]
The natural increase of the property shall belong to the tenant for life. Any extraordinary accumulation of the corpus, such as an issue of new stock upon the share of a corporation, shall attach to the corpus and go with it to the remainderman. History. Orig. Code 1863, § 2236; Code 1868, § 2230; Code […]
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. History. Orig. Code 1863, § 2237; Code 1868, […]
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. History. Orig. Code 1863, § 2238; […]
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. History. Orig. Code 1863, § 2242; Code 1868, § 2234; Code 1873, § 2260; Code 1882, § 2260; Civil Code 1895, § 3095; […]
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 […]
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 […]
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 […]
