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2018 Georgia Code 53-12-3 | Car Wreck Lawyer

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 12. (Revised Trust Code of 2010) Trusts, 53-12-1 through 53-12-506.

ARTICLE 1 GENERAL PROVISIONS

53-12-3. Survival of common law and equity.

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.

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

JUDICIAL DECISIONS

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

Cases Citing O.C.G.A. § 53-12-3

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Speed v. Speed, 430 S.E.2d 348 (Ga. 1993).

Cited 12 times | Published | Supreme Court of Georgia | Jun 7, 1993 | 263 Ga. 166, 93 Fulton County D. Rep. 2110

...12-20, but argues that the Act does not apply to the trust because the trust was created before the repeal of the prior law, under which the trust would not be valid. 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....
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Slosberg v. Giller, 876 S.E.2d 228 (Ga. 2022).

Cited 7 times | Published | Supreme Court of Georgia | Jun 30, 2022 | 314 Ga. 89

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McEver v. First Union Bank, 259 Ga. 452 (Ga. 1989).

Published | Supreme Court of Georgia | Sep 29, 1989 | 383 S.E.2d 889

...Medi-care Services, Inc., prior to its merger into Angelica Healthcare Services Group, Inc., established a “Deferred Compensation Trust” for the benefit of three of its employees, one of whom was McEver. 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....
...is to receive proceeds of [the trust] .... The “other requirements of this agreement” provided for the distribution of benefits if one of the employees died before reaching age 65 or became disabled, and for contingent beneficiaries. Under OCGA § 53-12-3 (d): [i]f upon petition of the trustee, personal representative of the decedent’s estate, or any beneficiary, the court having jurisdiction over such trust,....