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  • In Re Estate of Sandra Elaine B. Barnett.

    Publication Date: 2019-01-22
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A18A1969

    No forfeiture of rights to a decedent's estate by husband who was not convicted of crimes related to decedent's death.

  • Mercer v. Mercer

    Publication Date: 2018-10-23
    Practice Area: Contracts | Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Markie Perry, (Cowart & Perry, LLP), Valdosta, for appellant.
    for defendant: Berrien Sutton, (Attorney At Law), Homerville, for appellee.
    Case Number: A18A1366

    Quitclaim Deed Clearly Conveyed Interest in Inherited Property to Co-Executor Brother

  • Joyner v. The State

    Publication Date: 2018-08-23
    Practice Area: Criminal Law | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Lloyd Murray, (Lloyd D. Murray, Sr., Attorney At Law), Richmond Hill, for appellant.
    for defendant: Richard Mallard, Keith McIntyre, (Chief Assistant District Attorney), Statesboro, for appellee.
    Case Number: A18A1294

    Probate Judges Have Authority to Issue Search Warrants

  • Copeland v. Miller

    Publication Date: 2018-08-17
    Practice Area: Civil Procedure | Family Law | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: John Spurlin, (Spurlin & McCorvey), Tifton, for appellant.
    for defendant: Timothy Tanner, (Attorney At Law), Valdosta, for appellee.
    Case Number: A18A1172

    Complaint Failed to State Claims For Fraud, Interference With Expectation of Gift, and Constructive Trust

  • Mullis v. Welch et al.

    Publication Date: 2018-07-24
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: William Edgar (Attorney at Law), Alma, for appellant.
    for defendant: C. Strickland (Attorney at Law), Waycross, for appellee.
    Case Number: A18A0128

    Summary Judgment for Trustees Proper Where Plaintiff Did Not Raise Disputed Issue of Material Fact Regarding Alleged Incapacity or Undue Influence

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  • Skyjack, Inc. et al. v. Mois et al.

    Publication Date: 2018-06-27
    Practice Area: Civil Procedure | Trusts and Estates | Wrongful Death
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: James Singer (Bovis, Kyle & Burch), Atlanta; H. Young, Willie Ellis, Warner Fox (Hawkins Parnell Thackston & Young LLP), Atlanta; Katherine Mercer-Lawson, Theresa Wardon (Wheeler Trigg O'Donnell LLP), Denver; Andrew Capobianco (Mozley Finlayson & Loggins LLP), Atlanta, for appellant.
    for defendant: Darren Penn (Penn Law LLC), Atlanta; Jennifer Smith (Ken David & Associates LLC), Atlanta, for appellee. Matthew McLaughlin (McLaughlin & Loring), Alpharetta, for other party.
    Case Number: A18A0455

    Substituting Administrator of Decedent's Estate For Named Plaintiff in Wrongful Death Action Not Statutorily Authorized

  • Rollins et al. v. LOR, Inc., et al.

    Publication Date: 2018-06-20
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: H. Mixson, Timothy Rigsbee, Robert Ashe, (Bondurant Mixson & Elmore LLP), Atlanta; Thomas Rafferty, Antony Ryan, Samira Shah (Cravath, Swaine & Moore LLP), New York, for appellant.
    for defendant: Alan Bakowski, James Lamberth, William Withrow (Troutman Sanders LLP), Atlanta, for appellee.
    Case Number: A18A0638

    Family Business Trustees' Claims Against Business Managers Were All Either Time-Barred or Derivative in Nature

  • In Re: Estate Of Gladstone.

    Publication Date: 2018-05-30
    Practice Area: Insurance Law | Trusts and Estates
    Industry: Insurance
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: William Randal Bryant, Timothy Jerome Burson, John V. Burch (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellant.
    for defendant: John Richard Neville (Neville & Cunat LLP), Cumming; Margaret Austin Spaulding (Boling Rice LLP), Cumming; Kevin James Tallant (Miles Hansford & Tallant LLC), Cumming; Craig Smith Oakes (Bryant & Oakes PC), Suwanee, for appellee. Maurice M. Egan Jr. (Owen, Gleaton, Egan, Jones & Sweeney LLP), Atlanta, for amicus appellant.
    Case Number: S17G1472

    Conservator's Bond Did Not Cover Punitive Damages For Breach of Fiduciary Duty

  • Jenifer Duncan et al. v. Olga Rawls et al.

    Publication Date: 2018-05-04
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Michael Foust, Allan Parks, David Walbert (Parks, Chesin & Walbert P.C.), Atlanta, for appellant.
    for defendant: David Balser, John Toro, Letitia McDonald, Julia Barrett (King & Spalding LLP), Atlanta, for appellee.
    Case Number: A17A2052

    Georgia Law Does Not Recognize Probable Cause Exception to Enforcement of No-Contest Provisionss in Trusts

  • Peterson v. Peterson

    Publication Date: 2018-04-09
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Joseph J. Burton, Jr. (Mozley, Finlayson & Loggins LLP), Atlanta; Rosemary Smith Armstrong (Armstrong Nix, P.C.), Atlanta, for appellant.
    for defendant: J. Franklin Edenfield (Spivey, Carlton & Edenfield, P.C.), Swainsboro; R. Bruce Russell, Clayton, for appellee.
    Case Number: S17A1488

    The trial court erred in granting summary judgment to mother in sons' suit alleging that their mother and brother breached their duties as executors of their father's will of and as trustees of a bypass trust created by that will.