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O.C.G.A. § 23-2-111 — Exercise of discretionary powers not compellable generally | Georgia Code

O.C.G.A. § 23-2-111 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.