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2018 Georgia Code 14-5-42 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 14-5-42 Case Law from Google Scholar Amendments to OCGA 14-5-42

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Section 5. Miscellaneous Provisions Relating to Corporations, 14-5-1 through 14-5-51.

ARTICLE 3 CORPORATIONS ORGANIZED FOR RELIGIOUS, FRATERNAL, OR EDUCATIONAL PURPOSES

14-5-42. Authority to act as trustee of charitable trust.

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.

(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.)

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 A.L.R.2d 1114.

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