We hold that the trial court did not err in declining to give this charge as Georgia law does not place this burden on a life tenant. As noted in C S Nat. Bank v. Martin, 246 Ga. 284 ( 271 S.E.2d 192) (1980), the statements in Clark v. Leverett, 159 Ga. 487 ( 126 S.E. 258) (1924), indicating that Georgia law does place this burden on a life tenant, are dicta. We decline to rule that a life tenant must as a matter of law, in the absence of an agreement to the contrary, insure his own interest or that of the remainderman.
We recently held that the will was not violative of Georgia's mortmain statute. C. S. Nat. Bank v. Martin, 246 Ga. 284 ( 271 S.E.2d 192) (1980). We affirmed a jury verdict in favor of appellant with regard to Fulton County property titled in Mr. Martin's name in C. S. Nat. Bank v. Martin, 246 Ga. 756 ( 272 S.E.2d 711) (1980).