...See also Lindsey v. Robinson, 180 Ga. 648, 180 S.E. 106 (1935). Although the trust agreement did not expressly authorize Trustee to execute a security deed as to trust property, it did expressly incorporate by reference the powers of a trustee enumerated in OCGA § 53-12-232. Several subsections of that statute authorize a trustee to borrow money for certain purposes and to mortgage or otherwise encumber the trust property to secure such a loan. OCGA §§ 53-12-232(8)(D), (11)(B) and (12). Under the undisputed evidence, however, Trustee's execution of the security deed cannot be upheld as his exercise of a power authorized pursuant to OCGA § 53-12-232(8)(D), (11)(B) or (12)....

...with marketable securities traded on a national exchange." [1] The other part, the "marital share," is to be distributed to two trusts, an exempt marital trust, and a non-exempt marital trust. [2] The will gives the executor the powers enumerated in OCGA § 53-12-232, and provides that the executor is to "select the assets to be used to satisfy" the bequests to the marital trusts....

...205, 219 S.E.2d 112 (1975). If possible, the testator's intention should be gleaned from the four corners of the will itself. Id.; Riser v. Trust Co. of Ga., 231 Ga. 155(2), 200 S.E.2d 756 (1973). In this case, the will gives the executor the powers set forth in OCGA § 53-12-232....

...ncluding credit, and for such consideration as the fiduciary shall deem advisable, and to transfer and convey the property or interest therein which is at the disposal of the fiduciary, in fee simple absolute or otherwise, free of all trust.... OCGA § 53-12-232(2)....

...If the testator wanted to require the executor to fund the marital trust with Harrison Poultry, he could have so specified. But in the absence of such specifics, the executor is vested with power to sell the assets of the estate — including Harrison Poultry. Compare OCGA § 53-12-232 with Calbeck v....

...5  (a) Appellant argues that his continued operation of Buckshot was consistent with Decedent’s intentions because, although the will does not mention Buckshot, it gives the executor all of the powers set out in former OCGA § 53-12-232, which included the power “to continue or participate in the operation of any business or other enterprise, whatever its form or organization.”2 The will further provides that the executor “shall have ....

...Under these statutes and will provisions, Appellant, as executor, took 2 The chapter of the Georgia Code relating to wills and trusts was repealed and replaced in 2010. See Ga. L. 2010, Act 506, § 1. The language previously found in § 53-12-232 (5) can now be found in § 53-12-261 (b) (3). 6 Decedent’s place as the sole member of Buckshot, and he had all the powers associated with that position....

...the estate.’” (citation omitted)). See also Ray v. Nat. Health Investors, Inc., 280 Ga. App. 44, 51 (633 SE2d 388) (2006) (explaining that the broad grant of powers to continue to participate in and operate a decedent’s enterprises under former OCGA § 53-12-232 do not excuse the executor from his fiduciary duty). For these reasons, the expenditures Appellant made from the estate to Buckshot were improper, and the trial court did not err in requiring Appellant to repay to the estate the...

...Appellant does not challenge these rulings. 5 consistent with Decedent’s intentions because, although the will does not mention Buckshot, it gives the executor all of the powers set out in former OCGA § 53-12-232, which included the power “to continue or participate in the operation of any business or other enterprise, whatever its form or organization.”2 The will further provides that the executor “shall have ....

...Decedent’s place as the sole member of Buckshot, and he had all the powers 2 The chapter of the Georgia Code relating to wills and trusts was repealed and replaced in 2010. See Ga. L. 2010, p. 579, § 1. The language previously found in OCGA § 53-12-232 (5) can now be found in OCGA § 53-12-261 (b) (3). 6 associated with that position....

...the estate.’” (citation omitted)). See also Ray v. Nat. Health Investors, Inc., 280 Ga. App. 44, 51 (633 SE2d 388) (2006) (explaining that the broad grant of powers to continue to participate in and operate a decedent’s enterprises under former OCGA § 53-12-232 do not excuse the executor from his fiduciary duty). For these reasons, the expenditures Appellant made from the estate to Buckshot were improper, and the trial court did not err in requiring Appellant to repay to the estate the...

...1, that decedent intended for appellee to live in the couple's home rent-free, with the trustee using the "income and corpus " [3] of the trust to pay the expenses of the residence. (Emphasis added.) Item XI(A) [4] of the will gave the trustee authority to administer the trust pursuant to OCGA § 53-12-232, which allows trustees to encumber portions of a trust's property as necessary. OCGA § 53-12-232(12) (a trustee has the power to "mortgage, pledge, or otherwise encumber such portion of ......

...Insofar as the will provided the corpus of the trust could be used to pay the expenses of the residence, the trustee anticipated trust property might be encumbered when passed to his legatees, and the will gave the trustee power to encumber under OCGA § 53-12-232, the trial court did not err when it determined, based on the totality of the terms of the will, the residence's equity could be encumbered by the trustee up to 30% to pay the expenses of the residence and the trustee's fees....

...all have, without order of any court, all of the privileges, powers, exemptions and duties now and hereafter conferred by statute or case law in the State of Georgia, including but not limited to those set forth in Official Code of Georgia Annotated Section 53-12-232, as amended, which are hereby incorporated by reference." [5] Item IX(E) provides as follows: "Any property bequeathed or devised hereunder, either outright or in trust, subject to any mortgage, lien or other encumbrance, shall be t...