Brogdon v. McMillan

Deen, Judge.

1. Where under a will one is granted a life estate in land with a remainder over the tenant for life is entitled to its full use and enjoyment but must in such use exercise ordinary care for its preservation and must commit no act tending to the permanent injury of the remaindermen. Code § 85-604. Thus, a life tenant may not sell all the timber on the land. Willie v. Hines-Yelton Lumber Co., 163 Ga. 64 (2) (135 SE 505). As to partial cutting of timber, the fact situation must control. Old stringent rules against waste in England as applied to timber cutting by a life tenant were…