Standing to bring suit.

- In a class action brought by a beneficiary of a trust holding a participating unit in the common trust fund of a bank, alleging that the bank made imprudent investments which resulted in losses, the class members, i.e., beneficiaries of other participating trusts, had standing, having possibly suffered injury. The bank, which had an adverse interest in the litigation, was not required to bring suit against itself. Meyer v. Citizens & S. Nat'l Bank, 106 F.R.D. 356 (M.D. Ga. 1985).

Trust holding title to utility property.

- The statutory provisions of former § 53-13-51, imposing a general duty to exercise ordinary care in the preservation and protection of trust property in the possession of the trustee, and of O.C.G.A. § 51-1-19, imposing general liability upon a compensated trustee for the trustee's negligence, were inapplicable since the underlying purpose of the trust to hold title to certain utility property was neither to transfer to the uncompensated trustee immediate possession of the utility corporation's property nor to impose any immediate duty on the trustee to undertake the operation and maintenance of the corporation's water system. Smith v. Hawks, 182 Ga. App. 379, 355 S.E.2d 669 (1987).

Cited in Mobley v. Phinizy, 42 Ga. App. 33, 155 S.E. 73 (1930); Citizens & S. Nat'l Bank v. Haskins, 254 Ga. 131, 327 S.E.2d 192 (1985); Benson v. McMillan, 261 Ga. App. 78, 581 S.E.2d 707 (2003).

Am. Jur. 2d.

- 76 Am. Jur. 2d, Trusts, § 368 et seq.

C.J.S.

- 90A C.J.S., Trusts, §§ 326-334.

ALR.

- Individual liability of trustee or other fiduciary for injury to person or property of third person due to negligence, violation of statute or ordinance, in management of trust estate, 123 A.L.R. 458.

Employer's liability for action of trustees or similar body administering employer's pension plan, 54 A.L.R.3d 189.

Liability of insurance agent or broker on ground of inadequacy of liability insurance coverage procured, 72 A.L.R.3d 704.

Liability of insurance agent or broker on ground of inadequacy of life, health, and accident insurance coverage procured, 72 A.L.R.3d 735.

Liability of insurance agent or broker on ground of inadequacy of property insurance coverage procured, 72 A.L.R.3d 747.

Liability of bank, to other than party whose financial condition is misrepresented, for erroneous credit information furnished by bank or its directors, officers, or employees, 77 A.L.R.3d 6.

Liability of estate for tort of executor, administrator, or trustee, 82 A.L.R.3d 892.

Liability of insurance agent or broker for placing insurance with insolvent carrier, 42 A.L.R.5th 199.