O.C.G.A.
O.C.G.A. § 53-12-306 (2019)
Action against cotrustee
✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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(a) A trustee may maintain an action against a cotrustee to:
(1) Compel the cotrustee to perform duties required under the trust;
(2) Enjoin the cotrustee from committing a breach of trust; or
(3) Compel the cotrustee to redress a breach of trust committed by such cotrustee.
(b) The provision of remedies for a breach of trust shall not prevent resort to any other appropriate remedy provided by statute or common law.
History
Code 1981, § 53-12-306, enacted by Ga. L. 2010, p. 579, § 1/SB 131.
Notes of Decisions
Cited in 1
case, 2019–2019 · leading case: Mary Harman Beard, as of the Est. of James H. Beard, III v. Harriet H. Rondowsky, as Co-Tr. of the Charles C. Harman Trust, 835 S.E.2d 28 (Ga. Ct. App. 2019).
Mary Harman Beard, as of the Est. of James H. Beard, III v. Harriet H. Rondowsky, as Co-Tr. of the Charles C. Harman Trust, 835 S.E.2d 28 (Ga. Ct. App. 2019). “And the remedy for such a situation lies within OCGA § 53-12-306, which provides that “[a] trustee may maintain an action against a cotrustee to: (1) [c]ompel the cotrustee to perform duties required under the trust; (2) [e]njoin the cotrustee from committing a breach of trust;…”
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