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Rollins v. Rollins

Questions of fact remained in an action for breach of trust and breach of fiduciary duty regarding the management of a family trust.

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This case returns to us from the Supreme Court of Georgia. It is an appeal from the trial court’s ruling on cross-motions for summary judgment in a case alleging, inter alia, breach of trust and breach of fiduciary duty. The suit was brought by four siblings in the Rollins family,1 who are the beneficiaries of several trusts the “Beneficiaries”, against their father, Gary W. Rollins, and their uncle, R. Randall Rollins, individually and as trustees of the trusts at issue, as well as a family friend, Henry B. Tippee, in his capacity as a trustee of the trusts at issue collectively the “Appellees”. The case presents two overarching questions to be viewed through the lens established by our Supreme Court: 1 whether the Beneficiaries are entitled to receive an accounting of various corporations and partnerships the “Family Entities” held within the trusts, and 2 and whether actions taken by the Appellees in their capacity as corporate entity managers—rather than in their capacity as trustees per se—amounted to breaches of trust and fiduciary duty.

1. Procedural History.

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