Linkous v. Candler

Thompson, Justice.

Does the language of the trust agreement in this case indicate an intent to prohibit acceleration of the trust? Because such an intent need not be express, but can be implied from the four corners of the agreement, Wetherbee v. First State Bank &c. Co., 266 Ga. 364, 365 (466 SE2d 835) (1996), we hold that the trust agreement does indeed prohibit acceleration, and that the superior court erred in ruling otherwise.

On June 3, 1961, while in the midst of a pending divorce, C. Howard Candler, Jr. and Ruth O. Candler created an irrevocable trust in full settlement of Howard…