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Estates and Trusts

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Mercer University School of Law

Journal

1980

Articles 1 - 2 of 2

Full-Text Articles in Law

Improving Georgia's Probate Code: Sales By The Personal Representative And Enforcement Of Installment Land Contracts, Verner F. Chaffin Dec 1980

Improving Georgia's Probate Code: Sales By The Personal Representative And Enforcement Of Installment Land Contracts, Verner F. Chaffin

Mercer Law Review

Under Georgia law when one dies intestate, the title to the decedent's real property immediately descends to his heirs at law and the title to the personalty vests in the administrator of the estate for the benefit of the creditors and heirs. Title to all property passing by will, both realty and personalty, passes to the executor until he assents to the devise or legacy., During the course of the administration of an estate, it often becomes necessary to sell some of the assets of the estate to satisfy debts, taxes, administration expenses and general pecuniary legacies. Georgia law provides …


Wills, Trusts, And Administration Of Estates, James C. Rehberg Dec 1980

Wills, Trusts, And Administration Of Estates, James C. Rehberg

Mercer Law Review

Inheritance by, from, and through illegitimates. Two relatively recent decisions of the United States Supreme Court, Trimble v. Gordon and Lalli v. Lalli, prompted legislation which greatly enlarged the rights of illegitimates to inherit property in Georgia. The first of these cases struck down an Illinois statute on the ground that it was overly broad in distinguishing the rights of inheritance by legitimates from those of illegitimates. The latter case upheld a New York statute distinguishing those rights. While all members of the court in Lalli could not agree that the two cases were reconcilable, the majority seemed to say …