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2018 Georgia Code 23-2-111 | Car Wreck Lawyer

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

O.C.G.A. 23-2-111 Case Law from Google Scholar Amendments to OCGA 23-2-111

TITLE 23 EQUITY

Section 2. Grounds for Equitable Relief, 23-2-1 through 23-2-136.

ARTICLE 6 EXERCISE OF POWERS OF APPOINTMENT AND SALE

23-2-111. Exercise of discretionary powers not compellable generally.

Equity may not compel a party, having a discretion, to exercise a power of appointment.

(Orig. Code 1863, § 3098; Code 1868, § 3110; Code 1873, § 3167; Code 1882, § 3167; Civil Code 1895, § 4018; Civil Code 1910, § 4615; Code 1933, § 37-602.)

JUDICIAL DECISIONS

Bankruptcy court could not compel a trustee under a will to exercise power of appointment which gave her total discretion as to the payment of trust corpus or income to the testator's descendants, one of whom was the debtor. Arney v. Hicks, 22 Bankr. 243 (Bankr. N.D. Ga. 1982).

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