Legal Opinion

SunTrust Bank v. Merritt

Court of Appeals of Georgia

Decided March 25, 2005No. A04A2113, A04A2114PublishedCited by 18 opinions

1Opinion of the Court

Ruffin, Chief Judge.

The critical issue in these appeals involves the duty owed by a trustee to remainder beneficiaries. William Merritt, Jr., Martha Merritt, and Anne Merritt Stembler (collectively, “the Merritts”), remainder beneficiaries of a trust, filed suit against SunTrust Bank f/k/a Trust Company of Georgia (“SunTrust”), one of two trustees, alleging inter alia that it breached its fiduciary duty by favoring the interest of the income beneficiary over that of the remainder beneficiaries. 1 The Merritts sought compensatory damages, punitive damages, and attorney fees.

The Merritts moved…

2Cases cited8 opinions

  1. Citizens & Southern National Bank v. HaskinsSupreme Court of Georgia · 1985
  2. Griffin v. FowlerCourt of Appeals of Georgia · 2003
  3. Perling v. Citizens & Southern National BankSupreme Court of Georgia · 1983
  4. Sims v. HeathCourt of Appeals of Georgia · 2002
  5. Tovrea v. NolanCourt of Appeals of Arizona · 1993

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3Cited by18 opinions

  1. Wilchombe v. TeeVee Toons, Inc.Court of Appeals for the Eleventh Circuit · 2009
  2. Donnalley v. SterlingCourt of Appeals of Georgia · 2005
  3. Nalley v. LangdaleCourt of Appeals of Georgia · 2012
  4. Green v. Home Depot U.S.A., Inc.Court of Appeals of Georgia · 2006
  5. Hasty v. CastleberrySupreme Court of Georgia · 2013

13 more not listed; retrieve them via the Exa API.

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