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2018 Georgia Code 9-3-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 9-3-5 Case Law from Google Scholar Amendments to OCGA 9-3-5

TITLE 9 CIVIL PRACTICE

Section 3. Limitations of Actions, 9-3-1 through 9-3-115.

ARTICLE 1 GENERAL PROVISIONS

9-3-5. Beneficiaries barred along with trustee.

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

(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).

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); 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).

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).

Cited in Wingfield v. Virgin, 51 Ga. 139 (1874); Brady v. Walters, 55 Ga. 25 (1875); Schnell v. Toomer, 56 Ga. 168 (1876); Cushman v. Coleman, 92 Ga. 772, 19 S.E. 46 (1894); Vinson v. Citizens & S. Nat'l Bank, 208 Ga. 813, 69 S.E.2d 866 (1952); Reasor v. Peoples Fin. Servs., 276 Ga. 534, 579 S.E.2d 742 (2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 51 Am. Jur. 2d, Limitation of Actions, §§ 75, 76. 76 Am. Jur. 2d, Trusts, § 530.

C.J.S.

- 54 C.J.S., Limitations of Actions, §§ 108, 221 et seq., 382.

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.

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