Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

O.C.G.A. § 23-2-112 — When faithful execution of power compellable | Georgia Code

O.C.G.A. § 23-2-112 (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

23-2-112. 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.

Database error: SQLSTATE[HY000]: General error: 8 attempt to write a readonly database

This Georgia Code resource is curated by a Florida and Georgia attorney, 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.