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2018 Georgia Code 19-3-65 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 19-3-65 Case Law from Google Scholar Amendments to OCGA 19-3-65

TITLE 19 DOMESTIC RELATIONS

Section 3. Marriage Generally, 19-3-1 through 19-3-68.

ARTICLE 3 ANTENUPTIAL AGREEMENTS, MARRIAGE CONTRACTS, AND POSTNUPTIAL SETTLEMENTS

19-3-65. Powers of superior court judge in appointing and removing trustees and protecting trust estate.

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.

(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.)

The 2018 amendment, effective July 1, 2018, deleted the former second sentence, which read: "The proceeding in each case shall be transmitted to the clerk of the superior court, to be recorded in the book of the minutes of the court."

JUDICIAL DECISIONS

Removal of trustees.

- Former Code 1933, § 53-405 (see now O.C.G.A. § 19-3-65) 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).

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.

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