Smith v. Hallum

HUNSTEIN, Chief Justice.

This case involves the equitable modification of a trust pursuant to OCGA § 53-12-153. The trust in issue is the J.D. Smith Irrevocable Trust created in 1990 by John Dewey Smith (“Settlor”). As OCGA § 53-12-153 mandates, modification is warranted only where it is established by clear and convincing evidence that, “owing to circumstances not known to or anticipated by the settlor, compliance would defeat or substantially impair the accomplishment of the purposes of the trust.” Id. Because the trial court abused its discretion in concluding that appellee Judith Hallum,…