O.C.G.A.
O.C.G.A.

O.C.G.A. § 53-12-3 (2019)

Survival of common law and equity

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Except to the extent that the principles of common law and equity governing trusts are modified by this chapter or another provision of law, those principles remain the law of this state.

History

Code 1981, § 53-12-3, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

Annotations

JUDICIAL DECISIONS Cited in McPherson v. McPherson, 307 Ga. App. 548, 705 S.E.2d 314 (2011).

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1989–2022 · leading case: Slosberg v. Giller, 876 S.E.2d 228 (Ga. 2022).
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Slosberg v. Giller, 876 S.E.2d 228 (Ga. 2022). · cites it 8× “See OCGA § 53-12-3; Gray, 310 Ga. at 262. Second, the Court of Appeals majority wrongly interpreted the 32 issue of undue influence by treating it as a matter of public policy instead of as a legal doctrine.”
McPherson v. McPherson, 705 S.E.2d 314 (Ga. Ct. App. 2011). · cites it 4× “” OCGA § 53-12-1 (b); see also former OCGA § 53-12-3, Ga. L. 1991, p. 810, § 1 (providing the same concerning the Georgia Trust Act of 1991); Woodruff v.”
Matter of Herndon, 102 B.R. 893 (Bankr. M.D. Ga. 1989). · cites it 4× “The only reference to spendthrift trusts in the current Georgia Code is in section 53-12-3(d) of the Official Code of Georgia.”
Speed v. Speed, 430 S.E.2d 348 (Ga. 1993). · cites it 2× “We need not decide in this case which law applies to the husband’s trust, see OCGA § 53-12-3, since, even assuming the trust is valid under the 1991 Act, we hold that the trust property is subject to the wife’s claims for alimony for the reasons outlined in Div.”
Dodd v. Scott, 550 S.E.2d 444 (Ga. Ct. App. 2001). · cites it 2× “Notably, all the cases cited in this opinion concerning implied trusts, which are equitable instruments, and concerning the evidence needed to show same, emanate from the Supreme Court of Georgia.”
In Re Griggs, 101 B.R. 393 (Bankr. M.D. Ga. 1989). · cites it 4× “The District Court in Craddock interpreted O.C.G.A. § 53-12-3(a) 16 as providing that an enforceable trust can be created for the sole benefit of a person who is sui juris.”
Pope v. Hendley, 426 S.E.2d 607 (Ga. Ct. App. 1992). · cites it 2× “OCGA § 53-12-3.) The present facts do not support implication of either a resulting or a constructive trust in favor of Pope.”
Hopkins v. Moore, 427 S.E.2d 853 (Ga. Ct. App. 1993). · cites it 2× “; see also OCGA § 53-12-3 (Georgia Trust Act, of which OCGA § 53-12-90 et seq.”
Morris v. Morris, 756 S.E.2d 616 (Ga. Ct. App. 2014). · cites it 2× “See OCGA § 53-12-3 (“Except to the extent that the principles of common law and equity governing trusts are modified by this chapter or another provision of law, those principles remain the law of this state.”
McEver v. First Union Bank, 383 S.E.2d 889 (Ga. 1989). · cites it 4× “The employees petitioned the court under OCGA § 53-12-3 (d) 1 to terminate the trust, but the trial court granted summary judgment to the trustee, The First Union Bank of Rome.”
Sarah Morris v. Martha L. Morris as Tr. of the Derek Morris Irrevocable Trust (Ga. Ct. App. 2014). · cites it 2× “See OCGA § 53-12-3 (“Except to the extent that the principles of common law and equity governing trusts are modified by this chapter or another provision of law, those principles remain the law of this state.”
Comm'r, 2001 T.C. Memo. 72 (1970). · cites it 2× “Strictly speaking, it is unlikely at this point that Walter's or Betty's vested property rights would be impaired by application of the Georgia Trust Act or of any other provision of trust law, for after decedent died in 1994, the QTIP trust distributed its total interests in…”
— 53-12-3(a) — 1 case
In Re Griggs, 101 B.R. 393 (Bankr. M.D. Ga. 1989). “The District Court in Craddock interpreted O.C.G.A. § 53-12-3(a) 16 as providing that an enforceable trust can be created for the sole benefit of a person who is sui juris.”
— 53-12-3(d) — 1 case
Matter of Herndon, 102 B.R. 893 (Bankr. M.D. Ga. 1989). “The only reference to spendthrift trusts in the current Georgia Code is in section 53-12-3(d) of the Official Code of Georgia.”
— 53-12-3(h)(3) — 1 case
Matter of Herndon, 102 B.R. 893 (Bankr. M.D. Ga. 1989). “The only reference to spendthrift trusts in the current Georgia Code is in section 53-12-3(d) of the Official Code of Georgia.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.