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2018 Georgia Code 23-2-112 | Car Wreck Lawyer

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

O.C.G.A. 23-2-112 Case Law from Google Scholar Amendments to OCGA 23-2-112

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

23-2-112. When faithful execution of power compellable.

In all cases where no discretion is allowed or the discretion allowed is abused, equity may compel a faithful execution of the power.

(Orig. Code 1863, § 3102; Code 1868, § 3114; Code 1873, § 3171; Code 1882, § 3171; Civil Code 1895, § 4022; Civil Code 1910, § 4619; Code 1933, § 37-606.)

JUDICIAL DECISIONS

Cited in Cowart v. Budreau, 90 Ga. App. 316, 82 S.E.2d 877 (1954); Dockery v. Parks, 117 Ga. App. 589, 161 S.E.2d 406 (1968).

RESEARCH REFERENCES

C.J.S.

- 72 C.J.S., Powers, §§ 33, et seq., 48.

ALR.

- When power to appoint property regarded as a power in trust which equity will exercise in the event of donee's failure, 80 A.L.R. 503.

Will executed before creation of power to appoint property as an exercise of the power, 91 A.L.R. 621.

Property covered by power of appointment as subject to claims of donee's creditors, 97 A.L.R. 1071, 121 A.L.R. 803.

Parties defendant to stockholder's suit to compel declaration of dividend, 15 A.L.R.2d 1124.

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