Richards v. Richards

While I agree the judgment in this case must be affirmed, I cannot agree with all that is said in the majority’s opinion. A review of the trust agreement created by James Richards reveals that the beneficiaries have a vested interest because there is no uncertainty as to their right of future enjoyment, see generally Henderson v. Collins, 245 Ga. 776 (1) (267 SE2d 202) (1980), and that it is a non-discretionary trust because the trustee has no discretion in regard to the “annual or more frequent” disbursement to the beneficiaries of the income that accrues on the multi-million dollar…