Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1873, § 2339, former Civil Code 1895, § 3190, former Code 1933, §§ 108-113 and 108-313, and former O.C.G.A. § 53-13-1 are included in the annotations for this Code section.

Acceptance not giving rise to valid trust.

- Bank's ostensible acceptance of a trusteeship cannot give rise to a valid trust if, as a matter of law, no such valid trust was then capable of being created by the settlor. Smith v. Hawks, 182 Ga. App. 379, 355 S.E.2d 669 (1987) (decided under former O.C.G.A. § 53-13-1).

Disclaimer of trusteeship.

- After accepting trust as trustee, bank could not thereafter disclaim its trusteeship. Merritt v. Citizens Trust Bank, 164 Ga. App. 716, 298 S.E.2d 264 (1982) (decided under former Code 1933, § 108-313).

Burden of proof.

- Purported trustee who denies acceptance of the trust has the burden of showing that the trustee's actions in regard to the property were not in the guise of discharging the duties of the trustee. Dunaway v. Clark, 536 F. Supp. 664 (S.D. Ga. 1982) (decided under former Code 1933, § 108-313).

Necessity of writing.

- It is not necessary that an acceptance of a trust should be in writing. It may be done by acts as well as words. Mounger v. Duke, 53 Ga. 277 (1874) (decided under former Code 1873, § 2339).

Acts establishing acceptance.

- When a person as next friend filed a bill to set up equity in property and was decreed to be a trustee with the title vested in the trustee as trustee for the wife and children, this amounted to an acceptance of the trust by the trustee; and if there was no renunciation of the trust, the trustee continued to be the trustee for the children, and if the trustee failed to act when the trustee should have done so, the trustee is liable to the children for the trustee's nonaction. Salter v. Salter, 80 Ga. 178, 4 S.E. 391, 12 Am. St. R. 249 (1887) (decided under former law).

When one enters one's acceptance on the back of a deed appointing one trustee, one has accepted the trust and "no disclaimer will remove the character of trustee". New S. Bldg. & Loan Ass'n v. Gann, 101 Ga. 678, 29 S.E. 15 (1897) (decided under former Code 1895, § 3190).

When one appointed trustee, with notice of the trust, voluntarily undertakes to discharge duties devolving upon the trustee, and interferes with the trust fund in such a manner and to such an extent as that one's interference therewith cannot be plainly referred to some other ground of action, one will be conclusively presumed to have accepted the trust. Freeman v. Brown, 115 Ga. 23, 41 S.E. 385 (1902) (decided under former law).

When one was appointed trustee for one's spouse and one began to function in such capacity by selling the land upon application and obtaining an order from the proper court, one will be deemed to have accepted the trust by one's actions. Johnson v. Cook, 122 Ga. 524, 50 S.E. 367 (1905) (decided under former Civil Code 1895, § 3190).

Am. Jur. 2d.

- 76 Am. Jur. 2d, Trusts, § 220 .

C.J.S.

- 90 C.J.S., Trusts, § 59.

ALR.

- Appointee's renunciation of appointment, 9 A.L.R.2d 1382.