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Strange v. Towns

A power of attorney document constituted a valid modification to the trust at issue and expressed the deceased's intent to name her son as the sole trustee.

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Tony Lenoy Strange brought a declaratory judgment action against Bertha Mae Towns and Raymond Towns, seeking a determination that Tony was the only trustee of the Pauline Strange Inter Vivos Trust the “Trust” based on documents executed by Pauline before she died. Following a hearing, the trial court denied Tony’s petition. Tony appeals, contending that the trial court erred in concluding that the subject documents did not constitute a valid revision of the Trust. For the following reasons, we reverse.

“A trial court’s findings of fact after a declaratory judgment hearing are analogous to a jury verdict and will not be interfered with if there is any evidence to support them. However, we review the trial court’s conclusions of law de novo.” Citation and punctuation omitted. Bank of the Ozarks v. DKK Dev. Co., 315 Ga. App. 539, 540 726 SE2d 608 2012.

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