O.C.G.A. § 19-3-65 (2019)
Powers of superior court judge in appointing and removing trustees and protecting trust estate
Subject to Code Sections 15-9-127, 23-1-4, and 53-12-6, the judge of the superior court of the county of a spouse’s domicile may at any time, upon petition, exercise equitable powers in appointing, removing, or substituting trustees or in granting any order for the protection of the trust estate, exercising a wise discretion as to the terms on which the appointment shall be made or on which the order shall be granted.
History
Orig. Code 1863, § 1729; Code 1868, § 1770; Code 1873, § 1780; Code 1882, § 1780; Civil Code 1895, § 2485; Civil Code 1910, § 3004; Code 1933, § 53-405; Ga. L. 2018, p. 155, § 1-1/HB 190; Ga. L. 2020, p. 377, § 2-23/HB 865.
The 2020 amendment, effective January 1, 2021, substituted “Subject to Code Sections 15-9-127, 23-1-4, and 53-12-6, the” for “The” at the beginning of the Code section.
Annotations
JUDICIAL DECISIONS Removal of trustees. - Former Code 1933, § 53-405 (see now O.C.G.A. § 19-365) does not authorize filing action to remove trustees in any county other than county of trustees’ residence. If that section is capable of being otherwise construed, it is in direct conflict with Ga.
Const. 1976, Art. I, Sec. II, Para. VIII and Art. XI, Sec. I, Para I (see now Ga. Const. 1983, Art. I, Sec. II, Para. V) and must yield to the Constitution which is the paramount law. First Nat’l Bank v. Rowley, 224 Ga. 440, 162 S.E.2d 294, 1968 Ga. LEXIS 813 (1968).
RESEARCH REFERENCES ALR. Resignation or removal of executor, administrator, guardian, or trustee, before
final administration or before termination of trust, as affecting his compensation, 96 A.L.R.3d 1102.