O.C.G.A.

O.C.G.A. § 14-5-42 (2019)

Authority to act as trustee of charitable trust

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Nonprofit corporation(s) referred to in Code Section 14-5-40 created prior to April 1, 1969, or created thereafter pursuant to this article are authorized to act in their corporate capacity as trustee to administer and carry into effect any charitable trust created prior to April 1, 1969, or thereafter created by deed or by will which is consistent with their corporate purposes.

History

(Ga. L. 1889, p. 161, § 5; Civil Code 1895, § 2367; Civil Code 1910, § 2840; Code 1933, § 22-405; Code 1933, § 22-5503, enacted by Ga. L. 1968, p. 565, § 1.)

Annotations

JUDICIAL DECISIONS Legislative intent. - It was not the intent of the General Assembly in enacting former Code 1933, § 41A-1103 (see now O.C.G.A. § 7-1-242) to repeal former Code 1933, § 22-5503 (see now O.C.G.A. § 14-5-42). McGonagle v. Duncan, 244 Ga. 308, 260 S.E.2d 44 (1979). Selection of administrator by beneficially interested religious foundation. - Religious foundation beneficially

interested under a will within the meaning of former Code 1933, § 113-1202 (see pre-1998 Probate Code, O.C.G.A. § 53-6-24(2)) was entitled (there being no spouse) to select a disinterested person as administrator pursuant to paragraph (6) of that section and it could select its executive director in lieu of a wholly disinterested person. McGonagle v. Duncan, 244 Ga. 308, 260 S.E.2d 44 (1979).

RESEARCH REFERENCES ALR. - Trust for school children as charitable, or merely benevolent, 25 ALR2d 1114.