Simon v. Bunch

Benham, Justice.

The last will and testament of Paul Eschol Bunch named appellant as trustee and appellee as executor of the estate. After more than one year had elapsed following the death of the testator, appellant filed a petition in probate court for a complete and final accounting and distribution of the estate to the trustee. See OCGA § 53-7-163. After conducting a hearing on the petition, the probate court deemed it necessary to construe the will and concluded that the will failed to create a trust and that, even if it did create a trust, the trust was executed. Accordingly, it denied…