CopyCited 4 times | Published | Supreme Court of Georgia | May 19, 2014 | 758 S.E.2d 781
...quitable powers of
reformation to reform the disposition in a manner that most closely approximates the
transferor’s manifested plan of distribution within the limits of the rule against perpetuity in
effect when the interest was created. See OCGA §
44-6-205 (b)....
...Georgia, to which reference is hereby made.
(Emphasis supplied.)
13
we find Dellinger has requested, and under the facts presented would be entitled
to, equitable reformation of the 1918 deed pursuant to OCGA §
44-6-205 (b).
As a result, the trial court properly granted summary judgment in favor of
Dellinger on this claim.
3....
CopyCited 1 times | Published | Supreme Court of Georgia | Nov 30, 2001 | 555 S.E.2d 732, 2001 Fulton County D. Rep. 3612
...One of the appellees, South Trust Asset Management Company, is trustee of a trust that all the parties agree violates the rule against *524perpetuities. South Trust petitioned the trial court for direction regarding the payment of the assets of the trust. Pursuant to OCGA §
44-6-205 (b),1 the trial court reformed the trust to provide that upon the death of the testator’s son, the lineal descendants of the son would receive the income from the trust for 21 years or until the death of the last surviving lineal descendant, whichever first occurred....
...iving lineal descendants of the son, the corpus would be distributed to two charities named in the testator’s will. Contrary to the appellants’ contention, we conclude that the trial court properly reformed the trust pursuant to the authority of §
44-6-205 (b),2 and, accordingly, we affirm the trial court’s judgment.
Decided November 30, 2001.
Crain & Davis, Michael O....
...Lewis, Senior Assistant Attorney General, Bloodworth & McSwain, Laurin M. McSwain, James W. Hass, Jr., Smith, Gambrell & Russell, Edward K. Smith, Alex W. Smith, Edward W. Gadrix, Jr., for appellees.
Judgment affirmed.
All the Justices concur.
OCGA §
44-6-205 (b) provides as follows:
With respect to a nonvested property interest or a power of appointment that was created before May 1, 1990, and that violates the rule against perpetuities as that rule existed before May 1, 1990, a court upon t...
