Georgia § 44-6-21 - Words necessary to create absolute estate; preference for construing as conveyance; maker's intention controls; parol evidence.
Full text of Georgia Official Code of Georgia Annotated § 44-6-21 — Words necessary to create absolute estate; preference for construing as conveyance; maker's intention controls; parol evidence., with citation guidance and answers to common questions.
§ 44-6-21. Words necessary to create absolute estate; preference for construing as conveyance; maker's intention controls; parol evidence.
The word "heirs" or its equivalent is not necessary to create an absolute estate. Every properly executed conveyance shall be construed to convey the fee unless a lesser estate is mentioned and limited in that conveyance. If a lesser estate is expressly limited, the courts shall not, by construction, increase such estate into a fee but, disregarding all technical rules, shall give effect to the intention of the maker of the instrument, as far as the same is lawful, if the intention can be gathered from the contents of the instrument. If the court cannot gather the intention of the maker from the contents of the instrument, it may hear parol evidence to prove the maker's intention. (Laws 1821, Cobb's 1851 Digest, p. 169; Code 1863, § 2228; Code 1868, § 2222; Code 1873, § 2248; Code 1882, § 2248; Civil Code 1895, § 3083; Civil Code 1910, § 3659; Code 1933, § 85-503.) Law reviews. - For comment on Grant v. Haymes, 164 Ga. 371 , 138 S.E. 892 (1927), see 1 Ga. L. Rev. 45 (1927). For comment on Bienvenu v. First Nat'l Bank, 193 Ga. 101 , 17 S.E.2d 257 (1941), see 4 Ga. B.J. 45 (1942).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 44-6-21
What does Official Code of Georgia Annotated § 44-6-21 cover?
Section 44-6-21 ("Words necessary to create absolute estate; preference for construing as conveyance; maker's intention controls; parol evidence.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 44-6-21?
A common citation format is "Official Code of Georgia Annotated § 44-6-21" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 44-6-21 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.