Legal Opinion

Gilmore v. Gilmore

Supreme Court of Georgia

Decided January 9, 1947No. 15661PublishedCited by 14 opinions

1Opinion of the Court

Duckworth, Presiding Justice.

The sole question here presented is whether or not the successor trustees appointed under the will of Thomas W. Gilmore became vested with the same powers lodged in him by the will of his brother, John D. Gilmore, as to the management and control of his estate.

' It is the established law of this State that, where the powers conferred by deed or will upon a trustee in the management and control of property for named beneficiaries are personal and discretionary to the trustee, such powers can not be exercised by a successor; but that, if the exercise of the powers…

2Cases cited15 opinions

  1. Beavers v. LeSueurSupreme Court of Georgia · 1939
  2. Luquire v. LeeSupreme Court of Georgia · 1905
  3. Heath v. MillerSupreme Court of Georgia · 1903
  4. Snellings v. DownerSupreme Court of Georgia · 1942
  5. Fleming v. City of RomeSupreme Court of Georgia · 1908

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

3Cited by14 opinions

  1. Butt v. Bank of America, N.A.Court of Appeals for the Tenth Circuit · 2007
  2. Jenkins v. JonesSupreme Court of Georgia · 1953
  3. Schnorbach v. FuquaDistrict Court, S.D. Georgia · 1975
  4. Estate of Bowling v. CommissionerUnited States Tax Court · 1989
  5. Aetna Fire Underwriters Insurance v. CrawleyCourt of Appeals of Georgia · 1974

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

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