O.C.G.A. § 23-4-4 (2019)
Proceedings ex parte or in execution of protective powers; petition
All ex parte proceedings or proceedings for the execution of the protective powers of equity over trust estates or the estates of wards of equity shall be initiated by presenting a petition to the court. The court may order such other proceedings as the necessity of each case demands.
History
Orig. Code 1863, § 4130; Code 1868, § 4162; Code 1873, § 4221; Code 1882, § 4221; Civil Code 1895,
§ 4863; Civil Code 1910, § 5436; Code 1933, § 37-1301.
Annotations
JUDICIAL DECISIONS Ex parte proceedings generally. - Where the beneficiary of a trust has been adjudged incompetent, and is not capable of giving his valid consent to the conveyance of property which has been placed in trust for him prior to his becoming incompetent, and which may be conveyed by the trustee with his consent, a court of equity, in the exercise of its broad, comprehensive, and plenary jurisdiction of trusts and the estates of wards of chancery, may make the election for such incompetent, and authorize the trustee to convey the property. Gilmore v. Gilmore, 208 Ga. 245, 65 S.E.2d 813 (1951); Rockefeller v. First
Nat’l Bank, 213 Ga. 493, 100 S.E.2d 279 (1957). Cited in Marshall v. Citizens & S. Nat’l Bank, 54 Ga. App. 123, 187 S.E. 240 (1936); Mize v. Harber, 189 Ga. 737, 8 S.E.2d 1 (1940); Humber v. Garrard, 205 Ga. 357, 53 S.E.2d 748 (1949); Rockefeller v. First Nat’l Bank, 213 Ga. 493, 100 S.E.2d 279 (1957); Rockefeller v. First Nat’l Bank, 154 F. Supp. 122 (S.D. Ga. 1957); Murphy v. Murphy, 214 Ga. 602, 106 S.E.2d 280 (1958); Weatherly v. Citizens & S. Nat’l Bank, 222 Ga. 312, 149 S.E.2d 688 (1966).
RESEARCH REFERENCES ALR. - Ex parte appointment of receiver for partnership, 169 A.L.R. 1127.