Legal Opinion

Smith v. Suntrust Bank

Court of Appeals of Georgia

Decided January 15, 2014No. A13A2256PublishedCited by 10 opinions

1Opinion of the Court

BARNES, Presiding Judge.

Appellants Rob Smith, Don Smith, Roy Smith, Jr., and Christie Romano are income beneficiaries of a trust created in 1969, and they claim that the trustees breached their fiduciary duties in several respects. Specifically, the appellants claim that the trustees sold the primary asset of the trust to one of the co-trustees and her husband for inadequate consideration in an alleged straw man transaction; that the corporate trustee distributed all of the income in a sub-trust to the same co-trustee in violation of the means-of-support test applicable to the sub-trust; and…

2Cases cited26 opinions

  1. City of Gainesville v. DoddSupreme Court of Georgia · 2002
  2. Oliver v. OliverSupreme Court of Georgia · 1903
  3. Hunter, MacLean, Exley & Dunn, P.C. v. FrameSupreme Court of Georgia · 1998
  4. Brown v. BrownSupreme Court of Georgia · 1953
  5. Hamburger v. PFM Capital Management, Inc.Court of Appeals of Georgia · 2007

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

3Cited by10 opinions

  1. GODWIN v. MIZPAH FARMS, LLLP Et Al.Court of Appeals of Georgia · 2014
  2. Williams v. Durden.Court of Appeals of Georgia · 2018
  3. WELLS FARGO BANK, N.A. v. COOK Et Al.; And Vice VersaCourt of Appeals of Georgia · 2015
  4. Barrett v. The Kemper CorporationDistrict Court, S.D. Georgia · 2021
  5. Barrett v. The Kemper CorporationDistrict Court, S.D. Georgia · 2019

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

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