Estates and Trusts Commons^™

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

Mercer Law Review

A survey of developments in any area of law requires a look backward and a look forward-a look backward at what the appellate courts have done with controversies that developed under existing statutes and decisions, and a look forward at what those courts will probably do with comparable controversies that develop under recently enacted statutes. Thus, in this survey of fiduciary law developments during the past year, we begin with reported cases that appear to be instructive. Classifying these cases under one heading or another is difficult, but an effort will be made to do so in the chronological sequence …

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

Mercer Law Review

The most recent survey period included considerably more judicial than legislative activity affecting fiduciary law, perhaps attesting to the relative stability of fiduciary law. Notwithstanding this relative stability, the issues raised in the cases ranged all the way from those of venue and jurisdiction to a case about the construction of a will probated in a now long closed estate.

While there was little substantive legislation in the area of fiduciary law, there were a few such statutes. One of these expanded upon the guardian and ward relationship, and another authorized the use of the "Financial Power of Attorney." These …

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

Mercer Law Review

The usual volume of cases involving issues of fiduciary law reached the appellate courts of Georgia during this past survey period. While the number of such cases was not large, they were noteworthy. Also, the 1994 session of the Georgia General Assembly was not particularly active in the area covered by this Article. The few bills which were enacted will be summarized in Part III.

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

Mercer Law Review

This survey period has been interesting primarily because fiduciary law seemed to have paused for a breather. Immediately preceding this survey period, the General Assembly enacted the first truly comprehensive trust code in Georgia's history.' After the adoption of this code, with some relatively minor revisions, a time of study and evaluation of the new code, rather than litigation and legislative proposals, seems only natural. The few new statutes concerning fiduciary law will be covered after a discussion of a smaller number than usual of appellate court decisions in this area.

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

Mercer Law Review

This survey period saw the enactment of Georgia's first comprehensive trust code, the enactment of less sweeping but still significant amendments affecting wills and administration of estates, and the usual number of judicial decisions in these areas.

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

Mercer Law Review

Without doubt, the most important developments in fiduciary law in Georgia during the past year were legislative. The most attention-grabbing of these are, first, the repeal of Georgia's version of the common law rule against perpetuities and the adoption in its stead of the Uniform Statutory Rule Against Perpetuities and, second, the repeal of the Georgia Gift to Minors Act and the adoption in its stead of the Georgia Transfers to Minors Act. These two statutes, along with several other significant but less attention-grabbing ones, will be discussed in the first portion of this Article. A discussion of noteworthy judicial …

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

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 …

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

Mercer Law Review

Both the General Assembly and the courts were active during the past year in the area of fiduciary law. The marked increase in legislation, at least as compared to that of the immediately preceding session, may be a reflection of the nationwide attention being given to revision of the probate codes. The work of the General Assembly and of the courts will be discussed in that order.

The Sleeping Tort: Testamentary Libel, Leona M. Hudak

Mercer Law Review

Good name in man and woman ..... .Is the immediate jewel of their souls; . . . he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed.

A man's last will and testament may be described as not only an express disposition of his earthly assets, but a valedictory to the living. This valedictory may in some instances irreparably blot the escutcheon of the living for a curious and hostile world to witness in perpetuity or, at least, until some unforeseen disaster destroys the probate records wherein it reposes. …

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

Mercer Law Review

No abstract provided.

Trusts, Henry S. Barnes

Mercer Law Review

The year's crop of litigation in the trusts field merely explained, extended, and applied familiar doctrines. No material departure from established principles was made. The cases will be discussed briefly.

An oral agreement between husband and wife that, upon the death of the husband, his widow should hold both his estate and her separate proerty for her life, and upon her death the combined estates should be distributed to the husband's children by a former marriage, did not create a trust. The trial court sustained a general demurrer to the petition which set out the agreement and alleged that the …

Wills And Administration Of Estates, Floyd M. Buford

Mercer Law Review

Most of the recent Georgia cases dealing with this subject adhere to age-old rules. The manner in which such rules are applied to new factual situations, is the significance of these cases. An attempt has been made to treat and classify the cases according to their respective descriptive headings.

Wills And Administration Of Estates, Floyd M. Buford, Robert E. Coll

Mercer Law Review

Definitions of a will are numerous and varied. The statutory definition is that "A will is the legal declaration of a person's intentions as to the disposition of his property after death." Obviously, a will is not a contract since it is unilateral. However, a contract to make a will in behalf of another or to include in a will a particular devise or legacy is valid if founded on a valuable consideration. Bowles v. White reaffirms this well recognized rule. The plaintiff in this case filed suit, as administrator, seeking to recover certain realty of the decedent. The defendant …

Trusts, Henry S. Barnes

Mercer Law Review

The significant developments in the law of trusts during the year have been in the field of legislation. The 1950 session of the Legislature passed three bills: Act 5421 to exempt certain trust property from intangible taxes; Act 5432 to exempt the income derived from the same class of property from income taxes; and Act 7283 to prevent a trust from becoming executed so long as the trustee has active duties to perform.

Some Trustees Are Amateurs, John Sherman Myers

Mercer Law Review

There are many individuals w ho have undertaken to act in a fiduciary capacity, as trustee, executor, guardian or otherwise, without full realization that the obligations imposed upon them by law may result in substantial personal liability, even though every act has been in complete good faith and in an honest effort to perform, conscientiously and efficiently, the duties undertaken.