highest claim (Georgia) · Go Syfert
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highest claim in Georgia

9 Georgia opinions name it 2 courts 1907–2013 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
ALVISTA HEALTHCARE CENTER, INC. v. Millergreen
ga · 2009 · cited in 2 Georgia opinions naming this issue, 2012–2012
2 sentences

2012A “fiduciary” is a “person who is required to act for the benefit of another person on all matters within the scope of their relationship; one who owes to another the duties of good faith, trust, confidence, and candor.” Alvista Healthcare Center v. Miller, 286 Ga. 122, 127 ( 686 SE2d 96 ) (2009), quoting Black’s Law Dictionary (8th ed. 2004) (Melton, J., dissenting).

2012A “fiduciary” is a “person who is required to act for the benefit of another person on all matters within the scope of their relationship; one who owes to another the duties of good faith, trust, confidence, and candor.” Alvista Healthcare Center v. Miller, 286 Ga. 122, 127 ( 686 SE2d 96 ) (2009), quoting Black’s Law Dictionary (8th ed. 2004) (Melton, J., dissenting).

12
SunTrust Bank v. Merrittgreen
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2013–2013
2 sentences

2013A violation by the trustee of any duty that the trustee owes the 32 Id. 33 (Punctuation and footnote omitted.) SunTrust Bank v. Merritt, 272 Ga. App. 485, 489 (2) ( 612 SE2d 818 ) (2005). 34 (Citations and punctuation omitted.) Nalley v. Langdale, __ Ga. App. __ (2), n. 19 ( 734 SE2d 908, 917 ) (2012) (physical precedent only). 21 beneficiary shall be a breach of trust.”35 OCGA § 53-12-302 (a) provides that a trustee “who commits a breach of trust shall be personally chargeable with any resulting damages.” (i) The unilateral amendment of the RIF general partnership.

2013A violation by the trustee of any duty that the trustee owes the 32 Id. 33 (Punctuation and footnote omitted.) SunTrust Bank v. Merritt, 272 Ga. App. 485, 489 (2) ( 612 SE2d 818 ) (2005). 34 (Citations and punctuation omitted.) Nalley v. Langdale, __ Ga. App. __ (2), n. 19 ( 734 SE2d 908, 917 ) (2012) (physical precedent only). 21 beneficiary shall be a breach of trust.”35 OCGA § 53-12-302 (a) provides that a trustee “who commits a breach of trust shall be personally chargeable with any resulting damages.” (i) The unilateral amendment of the RIF general partnership.

11
Durden v. Stategreen
ga · 1982 · cited in 1 Georgia opinions naming this issue, 1991–1991
2 sentences

1991The Supreme Court of Georgia, in Durden v. State, 250 Ga. 325, 327 (1) ( 297 SE2d 237 ) (1982); without analyzing the strictures of OCGA § 17-5-1, [2] and dwelling briefly only on the arrest statute and finding it "to be the same as the federal rule," summarily held that "[a]n arrest and search, legal under federal law, are legal under state law." NOTES [1] OCGA § 17-5-1 (a) allows a search incident to a lawful arrest for the following purposes: "(1) Protecting the officer from attack; (2) Preventing the person from escaping; (3) Discovering or seizing the fruits of the crime for which the per

1991The Supreme Court of Georgia, in Durden v. State, 250 Ga. 325, 327 (1) ( 297 SE2d 237 ) (1982); without analyzing the strictures of OCGA § 17-5-1, [2] and dwelling briefly only on the arrest statute and finding it "to be the same as the federal rule," summarily held that "[a]n arrest and search, legal under federal law, are legal under state law." NOTES [1] OCGA § 17-5-1 (a) allows a search incident to a lawful arrest for the following purposes: "(1) Protecting the officer from attack; (2) Preventing the person from escaping; (3) Discovering or seizing the fruits of the crime for which the per

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Everett-Ridley-Ragan Co. v. Traders Insurance green
ga · 1904
2 sentences

1907Co., 121 Ga. 228 , it was said that “The evident intention of this clause of the contract is to enable the insurance company, by means of accurate records of the business of the .insured, to ascertain with substantial certainty and definiteness the value of the stock of goods destroyed by fire.” While the words “accurate records” are here used, it was mot intended that a policy would be avoided for mere slight accidental omissions, or because the books kept might not come up to the highest standard of perfect or accurate bookkeeping.

1907Co., 121 Ga. 228 , it was said that “The evident intention of this clause of the contract is to enable the insurance company, by means of accurate records of the business of the .insured, to ascertain with substantial certainty and definiteness the value of the stock of goods destroyed by fire.” While the words “accurate records” are here used, it was mot intended that a policy would be avoided for mere slight accidental omissions, or because the books kept might not come up to the highest standard of perfect or accurate bookkeeping.

21907–1907
Nalley v. Langdale green
gactapp · 2012
1 sentence

2013A violation by the trustee of any duty that the trustee owes the 32 Id. 33 (Punctuation and footnote omitted.) SunTrust Bank v. Merritt, 272 Ga. App. 485, 489 (2) ( 612 SE2d 818 ) (2005). 34 (Citations and punctuation omitted.) Nalley v. Langdale, __ Ga. App. __ (2), n. 19 ( 734 SE2d 908, 917 ) (2012) (physical precedent only). 21 beneficiary shall be a breach of trust.”35 OCGA § 53-12-302 (a) provides that a trustee “who commits a breach of trust shall be personally chargeable with any resulting damages.” (i) The unilateral amendment of the RIF general partnership.

12013–2013
Atlanta Masonic Temple Co. v. City of Atlanta neutral
ga · 1926
2 sentences

1971There appears to us no reason why stores belonging to the grand lodge, rented out by it to merchants or shop-keepers, and thus put in competition with other like realty in the City of Macon, should not be taxed, irrespective of whether the 'lodge’ of the order is in the same building, and whether the proceeds of the renting have been or are to be applied to one purpose or another.” For a similar ruling see Atlanta Masonic Temple Co. v. City of Atlanta, 162 Ga. 244 ( 133 SE 864 ).

1971There appears to us no reason why stores belonging to the grand lodge, rented out by it to merchants or shop-keepers, and thus put in competition with other like realty in the City of Macon, should not be taxed, irrespective of whether the 'lodge’ of the order is in the same building, and whether the proceeds of the renting have been or are to be applied to one purpose or another.” For a similar ruling see Atlanta Masonic Temple Co. v. City of Atlanta, 162 Ga. 244 ( 133 SE 864 ).

11971–1971
Brown v. Joiner green
ga · 1887
2 sentences

1951To take at all they must look to the law.” And in Edwards v. Addison, supra, it was said: “It [a year’s support] is the highest claim against an estate, whether testate or intestate.” It is no longer open to doubt, but was fully settled by this court in Brown v. *407 Joiner, 77 Ga. 232 ( 3 S. E. 157 ), s.c. 80 Ga. 486 ( 5 S. E. 497 ), Swain v. Stewart, supra, Anders v. First National Bank, 165 Ga. 682 ( 142 S. E. 98 ), Backer v. City Bank & Trust Co., 180 Ga. 672 ( 180 S. E. 604 , 108 A. L.

1951To take at all they must look to the law.” And in Edwards v. Addison, supra, it was said: “It [a year’s support] is the highest claim against an estate, whether testate or intestate.” It is no longer open to doubt, but was fully settled by this court in Brown v. *407 Joiner, 77 Ga. 232 ( 3 S. E. 157 ), s.c. 80 Ga. 486 ( 5 S. E. 497 ), Swain v. Stewart, supra, Anders v. First National Bank, 165 Ga. 682 ( 142 S. E. 98 ), Backer v. City Bank & Trust Co., 180 Ga. 672 ( 180 S. E. 604 , 108 A. L.

11951–1951
Brown v. Joiner neutral
ga · 1888
2 sentences

1951To take at all they must look to the law.” And in Edwards v. Addison, supra, it was said: “It [a year’s support] is the highest claim against an estate, whether testate or intestate.” It is no longer open to doubt, but was fully settled by this court in Brown v. *407 Joiner, 77 Ga. 232 ( 3 S. E. 157 ), s.c. 80 Ga. 486 ( 5 S. E. 497 ), Swain v. Stewart, supra, Anders v. First National Bank, 165 Ga. 682 ( 142 S. E. 98 ), Backer v. City Bank & Trust Co., 180 Ga. 672 ( 180 S. E. 604 , 108 A. L.

1951To take at all they must look to the law.” And in Edwards v. Addison, supra, it was said: “It [a year’s support] is the highest claim against an estate, whether testate or intestate.” It is no longer open to doubt, but was fully settled by this court in Brown v. *407 Joiner, 77 Ga. 232 ( 3 S. E. 157 ), s.c. 80 Ga. 486 ( 5 S. E. 497 ), Swain v. Stewart, supra, Anders v. First National Bank, 165 Ga. 682 ( 142 S. E. 98 ), Backer v. City Bank & Trust Co., 180 Ga. 672 ( 180 S. E. 604 , 108 A. L.

11951–1951
Anders v. First National Bank neutral
ga · 1928
2 sentences

1951To take at all they must look to the law.” And in Edwards v. Addison, supra, it was said: “It [a year’s support] is the highest claim against an estate, whether testate or intestate.” It is no longer open to doubt, but was fully settled by this court in Brown v. *407 Joiner, 77 Ga. 232 ( 3 S. E. 157 ), s.c. 80 Ga. 486 ( 5 S. E. 497 ), Swain v. Stewart, supra, Anders v. First National Bank, 165 Ga. 682 ( 142 S. E. 98 ), Backer v. City Bank & Trust Co., 180 Ga. 672 ( 180 S. E. 604 , 108 A. L.

1951To take at all they must look to the law.” And in Edwards v. Addison, supra, it was said: “It [a year’s support] is the highest claim against an estate, whether testate or intestate.” It is no longer open to doubt, but was fully settled by this court in Brown v. *407 Joiner, 77 Ga. 232 ( 3 S. E. 157 ), s.c. 80 Ga. 486 ( 5 S. E. 497 ), Swain v. Stewart, supra, Anders v. First National Bank, 165 Ga. 682 ( 142 S. E. 98 ), Backer v. City Bank & Trust Co., 180 Ga. 672 ( 180 S. E. 604 , 108 A. L.

11951–1951
Backer v. City Bank & Trust Co. green
ga · 1935
2 sentences

1951To take at all they must look to the law.” And in Edwards v. Addison, supra, it was said: “It [a year’s support] is the highest claim against an estate, whether testate or intestate.” It is no longer open to doubt, but was fully settled by this court in Brown v. *407 Joiner, 77 Ga. 232 ( 3 S. E. 157 ), s.c. 80 Ga. 486 ( 5 S. E. 497 ), Swain v. Stewart, supra, Anders v. First National Bank, 165 Ga. 682 ( 142 S. E. 98 ), Backer v. City Bank & Trust Co., 180 Ga. 672 ( 180 S. E. 604 , 108 A. L.

1951To take at all they must look to the law.” And in Edwards v. Addison, supra, it was said: “It [a year’s support] is the highest claim against an estate, whether testate or intestate.” It is no longer open to doubt, but was fully settled by this court in Brown v. *407 Joiner, 77 Ga. 232 ( 3 S. E. 157 ), s.c. 80 Ga. 486 ( 5 S. E. 497 ), Swain v. Stewart, supra, Anders v. First National Bank, 165 Ga. 682 ( 142 S. E. 98 ), Backer v. City Bank & Trust Co., 180 Ga. 672 ( 180 S. E. 604 , 108 A. L.

11951–1951
Nixon v. Nixon green
ga · 1943
2 sentences

1951R. 769), and Nixon v. Nixon, 196 Ga. 148 ( 26 S. E. 2d, 711 ), that the right to a year’s support vests immediately and absolutely upon the death of the husband or father in those persons for whose benefit the statute was enacted; and it was held in Goss v. Harris, supra, and the cases there cited “that the right to a year’s support is an absolute right which can not be divested by any contingency occurring after it accrues.” Illustrative of this, it has been held that a widow is entitled to a year’s support out of the estate of her deceased husband even after her remarriage to another, and wh

1951R. 769), and Nixon v. Nixon, 196 Ga. 148 ( 26 S. E. 2d, 711 ), that the right to a year’s support vests immediately and absolutely upon the death of the husband or father in those persons for whose benefit the statute was enacted; and it was held in Goss v. Harris, supra, and the cases there cited “that the right to a year’s support is an absolute right which can not be divested by any contingency occurring after it accrues.” Illustrative of this, it has been held that a widow is entitled to a year’s support out of the estate of her deceased husband even after her remarriage to another, and wh

11951–1951
Edwards v. Addison green
ga · 1938
1 sentence

1943Although the right to a year's support is the highest claim against the estate of a decedent, and the "ordinary law of distributions" does not become applicable until after such year's support and other obligations of the estate are satisfied ( Edwards v. Addison , 187 Ga. 756 , supra), yet since the right is a branch of the statute of distributions, it would seem that it could no more be termed a right accruing to an individual under statute than could the right of the heirs at law of any intestate, and in the view of the writer such right of inheritance could not properly be so denominated.

11943–1943

Statutes the citing opinions construe

GA § 53-12-1 (3) GA § 9-11-56 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 44 (1895–2026) PA 44 (1967–2026) OH 43 (1976–2026) CA 30 (1971–2024) MN 18 (1939–2026) MO 18 (1914–2023) LA 17 (1983–2025) WA 15 (1972–2026) NJ 13 (1973–2024) IA 11 (1990–2017) NY 11 (1901–2000) CT 9 (1995–2019) TX 9 (1924–2016) GA 9 (1907–2013) MD 8 (1986–2022) IN 8 (1978–2025) FL 7 (1988–2022) MA 7 (1978–2026) MT 6 (1927–2004) MS 6 (1974–2023) DE 6 (2017–2025) OR 6 (1980–2023) CO 6 (1987–2021) KS 5 (2013–2026) TN 4 (1951–2004) KY 4 (1939–2025) AK 4 (1998–2024) MI 3 (2001–2022) WV 3 (1986–2020) DC 3 (1979–2000) WY 3 (1987–2007) NM 3 (2012–2018) ME 3 (1981–2003) NC 3 (2001–2026) SC 2 (1922–2013) VA 2 (2018–2025) HI 2 (1999–2005) UT 2 (1998–2011) WI 2 (1909–1981)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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