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O.C.G.A. § 36-37-3 — Municipal corporations as trustees for donated or gifted property generally | Georgia Code
O.C.G.A. § 36-37-3 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 36 LOCAL GOVERNMENT

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ARTICLE 7 PROCEDURE FOR RESOLVING ANNEXATION DISPUTES

36-37-3. Municipal corporations as trustees for donated or gifted property generally.

Municipal corporations may act as trustees under any conveyance or will donating or giving property for charitable or eleemosynary purposes.

(Ga. L. 1892, p. 104, § 2; Civil Code 1895, § 741; Civil Code 1910, § 888; Code 1933, § 69-502.)

JUDICIAL DECISIONS

Bequests for charitable purposes.

- Incorporated city of this state is authorized, under former Civil Code 1910, §§ 887 and 888 (see O.C.G.A. §§ 36-37-2 and36-37-3), to receive and apply bequest for charitable purposes. Moss v. Youngblood, 187 Ga. 188, 200 S.E. 689 (1938).

Devises for parks.

- Georgia cities and towns are authorized to accept devises of property for establishment and preservation of "parks and pleasure grounds" and to hold the property thus received in charitable trust for the exclusive benefit of the class of persons named by the testator. Evans v. Abney, 396 U.S. 435, 90 S. Ct. 628, 24 L. Ed. 2d 634 (1970).

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 472, 483.

C.J.S.

- 63 C.J.S., Municipal Corporations, § 1142.

ALR.

- Power of municipal corporation or other political body to accept and administer trust, 10 A.L.R. 1368.

Liability of township trustees for loss of public funds, 18 A.L.R. 982.

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