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Estates and Trusts

Mercer Law Review

Journal

2000

Articles 1 - 2 of 2

Full-Text Articles in Law

Wills, Trusts, And Administration Of Estates, Mary F. Radford Dec 2000

Wills, Trusts, And Administration Of Estates, Mary F. Radford

Mercer Law Review

This Article summarizes the major cases and legislative enactments relating to Georgia fiduciary law during the period from June 1, 1999 through May 31, 2000. Many of the cases described in this Article were decided under Georgia's Probate Code as it existed prior to the extensive revisions that became effective on January 1, 1998. References in this Article to former code sections will refer to the pre-1998 Probate Code, and all other references will be to the Revised Probate Code of 1998.


Rainey V. Chever: Expanding A Natural Father's Right To Inherit From His Illegitimate Child, Elizabeth G. Long Mar 2000

Rainey V. Chever: Expanding A Natural Father's Right To Inherit From His Illegitimate Child, Elizabeth G. Long

Mercer Law Review

In Rainey v. Chever, the Georgia Supreme Court held unconstitutional section 53-2-4(b)(2) of the Official Code of Georgia Annotated ("O.C.G.A."), which required that before a natural father could inherit through his illegitimate child, the natural father had to either openly treat the child as his own or provide support for the child. Coming up only one vote short, the United States Supreme Court denied plaintiff's petition for writ of certiorari. The three dissenting Justices declared their belief that Georgia's statute addressed the "alarming trend" of outof- wedlock births.5 Furthermore, the dissenting Justices asserted that because of the "substantial tension" …