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

O.C.G.A. § 9-3-5 (2019)

Beneficiaries barred along with trustee

✓ 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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

Where a trustee is barred, the beneficiaries of the estate represented by him shall also be barred.

History

Civil Code 1895, § 3773; Civil Code 1910, § 4367; Code 1933, § 3-710. History of Section. This Code section is derived from the

decision in Salter v. Salter, 80 Ga. 178, 4 S.E. 391 (1887).

Annotations

JUDICIAL DECISIONS Beneficiaries barred by trustee’s nonaction. - Under this section, cestuis que trustent are barred by nonaction of trustee, where legal title is vested in the trustee. Clark v. Flannery & Co., 99 Ga. 239, 25 S.E. 312, 1896 Ga. LEXIS 321 (1896); Miller v. Butler, 121 Ga. 758, 49 S.E. 724 (1905).

Minority of cestui que trust is immaterial. Pendergrast v. Foley, 8 Ga. 1, 1850 Ga. LEXIS 1 (1850). Beneficiaries of homestead estate are barred by this section when head of family is barred. Taylor v. James, 109 Ga. 327, 34 S.E. 674, 1899 Ga. LEXIS 646 (1899).

RESEARCH REFERENCES Am. Jur. 2d. 51 Am. Jur. 2d, Limitation of Actions, § 74 et seq., 76. 76 Am. Jur. 2d, Trusts, § 645 et seq. C.J.S. 54 C.J.S., Limitations of Actions, §§ 41, 257 et seq. ALR. Scope and application of exception, as regards causes of action cognizable at law, to general rule exempting express trusts

from operation of statute of limitations, 122 A.L.R. 286. Pledge as a trust as regards statute of limitations, 139 A.L.R. 1333. Attorney as trustee for purpose of running of statute of limitations against claim for money or property received or collected by him, 151 A.L.R. 1388. When statute of limitations starts to run against enforcement of resulting trust, 45 A.L.R.2d 382.

Notes of Decisions
Cited in 1 case, 2003–2003 · leading case: Reasor v. Peoples Fin. Servs., Inc., 579 S.E.2d 742 (Ga. 2003).
Sort: Relevance Newest Treatment
Reasor v. Peoples Fin. Servs., Inc., 579 S.E.2d 742 (Ga. 2003). · cites it 2× “Secondly, when the Strickland Trust sold this property to [Appellee], that transaction is in effect a sale by such benefi *535 ciaries, and the beneficiaries cannot prescribe against the title conveyed by their Trustee. [Cit.] Reasor appeals from this order. The relationship…”
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.