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  • Skyjack, Inc. et al. v. Mois et al.

    Publication Date: 2018-06-27
    Practice Area: Civil Procedure | Trusts and Estates | Wrongful Death
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: James Singer (Bovis, Kyle & Burch), Atlanta; H. Young, Willie Ellis, Warner Fox (Hawkins Parnell Thackston & Young LLP), Atlanta; Katherine Mercer-Lawson, Theresa Wardon (Wheeler Trigg O'Donnell LLP), Denver; Andrew Capobianco (Mozley Finlayson & Loggins LLP), Atlanta, for appellant.
    for defendant: Darren Penn (Penn Law LLC), Atlanta; Jennifer Smith (Ken David & Associates LLC), Atlanta, for appellee. Matthew McLaughlin (McLaughlin & Loring), Alpharetta, for other party.
    Case Number: A18A0455

    Substituting Administrator of Decedent's Estate For Named Plaintiff in Wrongful Death Action Not Statutorily Authorized

  • Rollins et al. v. LOR, Inc., et al.

    Publication Date: 2018-06-20
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: H. Mixson, Timothy Rigsbee, Robert Ashe, (Bondurant Mixson & Elmore LLP), Atlanta; Thomas Rafferty, Antony Ryan, Samira Shah (Cravath, Swaine & Moore LLP), New York, for appellant.
    for defendant: Alan Bakowski, James Lamberth, William Withrow (Troutman Sanders LLP), Atlanta, for appellee.
    Case Number: A18A0638

    Family Business Trustees' Claims Against Business Managers Were All Either Time-Barred or Derivative in Nature

  • In Re: Estate Of Gladstone.

    Publication Date: 2018-05-30
    Practice Area: Insurance Law | Trusts and Estates
    Industry: Insurance
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: William Randal Bryant, Timothy Jerome Burson, John V. Burch (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellant.
    for defendant: John Richard Neville (Neville & Cunat LLP), Cumming; Margaret Austin Spaulding (Boling Rice LLP), Cumming; Kevin James Tallant (Miles Hansford & Tallant LLC), Cumming; Craig Smith Oakes (Bryant & Oakes PC), Suwanee, for appellee. Maurice M. Egan Jr. (Owen, Gleaton, Egan, Jones & Sweeney LLP), Atlanta, for amicus appellant.
    Case Number: S17G1472

    Conservator's Bond Did Not Cover Punitive Damages For Breach of Fiduciary Duty

  • Jenifer Duncan et al. v. Olga Rawls et al.

    Publication Date: 2018-05-04
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Michael Foust, Allan Parks, David Walbert (Parks, Chesin & Walbert P.C.), Atlanta, for appellant.
    for defendant: David Balser, John Toro, Letitia McDonald, Julia Barrett (King & Spalding LLP), Atlanta, for appellee.
    Case Number: A17A2052

    Georgia Law Does Not Recognize Probable Cause Exception to Enforcement of No-Contest Provisionss in Trusts

  • Peterson v. Peterson

    Publication Date: 2018-04-09
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Joseph J. Burton, Jr. (Mozley, Finlayson & Loggins LLP), Atlanta; Rosemary Smith Armstrong (Armstrong Nix, P.C.), Atlanta, for appellant.
    for defendant: J. Franklin Edenfield (Spivey, Carlton & Edenfield, P.C.), Swainsboro; R. Bruce Russell, Clayton, for appellee.
    Case Number: S17A1488

    The trial court erred in granting summary judgment to mother in sons' suit alleging that their mother and brother breached their duties as executors of their father's will of and as trustees of a bypass trust created by that will.

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  • Ray v. Hadaway et al.

    Publication Date: 2018-03-29
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Timothy King (Hodges, McEachern & King), Jonesboro, for appellant.
    for defendant: Eloise Hadaway, (c/o Hank Hadaway), Milledgeville; Sam Evans, Athens, for appellee.
    Case Number: A17A1417

    Triable Issues As To Whether Decedent's Grandson Had Fiduciary Duty to Restore Co-Owned Property to Decedent's Sole Ownership

  • Faison et al. v. Faison

    Publication Date: 2018-03-23
    Practice Area: Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: W. Meeks (Attorney at Law), Leesburg, for appellant.
    for defendant: John Hadden (Turkheimer & Hadden, LLC), Atlanta; John Cotton (Cotton Law Firm, P.C.), Cordele, for appellee.
    Case Number: A17A1610

    Trial Court Erred In Failing to Determine Heirs Property Before Ordering Mediation in Partition Dispute

  • Piccione et al. v. Arp et al

    Publication Date: 2017-11-06
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: W. Wright Gammon, Jr. (Gammon, Anderson & McFall), Cedartown, for appellant.
    for defendant: Vickey Robinson Atkins (Atkins Law PC), Rockmart; James Steven Astin (Attorney at Law), Cedartown, for appellee.
    Case Number: S17A0782

    The trial court properly denied plaintiffs' motion for summary judgment in their action arising out of the distribution of their grandmother's estate, because the will imposed a requirement that the individuals named take the bequests in their own stead, that those bequests not pass through representation, and that the named individuals must survive the testator; accordingly, plaintiffs were not entitled to receive their late mother's interest in the estate.

  • Robert H. McNair, As Co-Executor of The Estate of W. O. McNair v. Richard

    Publication Date: 2017-10-18
    Practice Area: Attorney Compensation | Trusts and Estates
    Industry:
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Stuart Walker, Amy Fletcher (Martin Snow, LLP), Macon, for appellant.
    for defendant: Cheryle Bryan (Attorney at Law), Ashburn; William Gregory (Attorney at Law), Vienna; Dustin Land (Bryan and Land, LLC), Ashburn, for appellee.
    Case Number: A17A0961

    The trial court erred in awarding attorney fees to appellant in a will contest because the superior court made several findings of fact based on conduct that occurred while the case was under the jurisdiction of the probate court, prior to the appeal of the probate court's order to the superior court, and there was nothing in the record to show that motions appellant's counsel filed lacked merit or were frivolous and no evidence to support a finding that appellant conducted himself improperly in the superior court, unnecessarily expan

  • Hobbs v. Winfield, Admrx. et al.

    Publication Date: 2017-09-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Russell Henry Hippe III (Law Office of Russell H. Hippe), Atlanta, for appellant.
    for defendant: Elizabeth Williams Winfield (Law Office of Elizabeth Williams Winfield LLC), Peachtree City; Cynthia Rodney, Titusville; Jane Glaze Horton, Jonesboro; Robert T. Romeo (Brown & Romeo), Jonesboro, for appellee.
    Case Number: S17A0720

    The probate court did not err in finding the testator's will was not made in contemplation of future children and was thus invalidated by the birth of children after the execution of the will.