• Wilbur et al. v. Floyd

    Publication Date: 2020-02-25
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, F. Moffett, (Moffett Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Jerry Landers, (Attorney at Law), Marietta, for appellee.

    Case Number: A19A2321

    Court reverses summary order on probating a will and remands case for proceedings on whether a will was properly attested

  • Demott, as Executor of the Estate of Richard Erman Demott et al. v. Demott

    Publication Date: 2019-12-18
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McMillian
    Attorneys: For plaintiff: Kyle Swann, (Whelchel & Carlton, LLP), Thomasville, for appellant.
    for defendant: John Donsbach, (Donsbach Law Group, LLC), Martinez, for appellee.

    Case Number: A19A1488

    Parol Evidence Is Necessary to Resolve Ambiguity in Will Regarding Conditions Placed on Life Estate

  • Bates v. Howell

    Publication Date: 2019-12-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Andrew Flake, Jennifer Shelfer, (Arnall Golden Gregory LLP), Atlanta, for appellant.
    for defendant: Daniel Diffley, (Alston & Bird, LLP), Atlanta, Kevin Moore, (Attorney at Law), Atlanta, for appellee.

    Case Number: A19A0881

    Prospective estate beneficiary was liable for damages after wrongfully restrained a trustee's actions with an improper temporary restraining order

  • Peterson et al. v. Peterson et al.

    Publication Date: 2019-12-06
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Rosemary Armstrong, (Armstrong Nix, P.C.), Atlanta, Joseph Burton, (Mozley Finlayson & Loggins LLP), Atlanta, for appellant.
    for defendant: R. Russell, (Russell & Russell, PC.), Clayton, George Rountree, (Brown Rountree & Stewart PC), Statesboro, for appellee.

    Case Number: A19A1428

    Trustee Not Free to Ignore Fiduciary Duties on Ground She Was Also Beneficiary Under Same Trust Instrument

  • Waldon et al. v. Alger et al.

    Publication Date: 2019-12-02
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Joseph Willard, (Attorney at Law), Rossville, for appellant.
    for defendant: Bobby Cook, (Cook & Connelly), Summerville, William Cunningham, (Attorney at Law), Lafayette, Joshua Weiss, (Cavett, Abbott & Weiss, PLLC), Chattanooga, for appellee.

    Case Number: A19A0869

    In litigation involving three Florida trusts, court affirms in part and reverses in part dismissal of trust grantor complaint for injunctive relief and damages

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  • In Re Estate of Kevin Lee Hanson

    Publication Date: 2019-11-13
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Ophelia Chan, Stephanie Carman, (The Chan Law Firm, LLC), Marietta, for appellant.
    for defendant: Louis Levenson, George Lott, (Louis Levenson & Associates), Atlanta, for appellee. Bertram Boley, (Attorney at Law), Atlanta, for other party. Robert Noll, Richard Milstein, (Akerman LLP), Miami, for other AM.

    Case Number: A19A1494

    Court Did Not Have Jurisdiction to Appoint Parents as Deceased Son's Co-Guardians and Co-Conservators; Order Is Vacated and Remanded

  • Harriet H. Rondowsky, as co-trustee of the Charles C. Harman Trust v. Mary Harman Beard, as Executrix of the Estate of James H. Beard, III

    Publication Date: 2019-11-13
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Brian Deutsch, Benjamin Pierman, (McCurdy and Candler, LLC), Decatur, for appellant.
    for defendant: Thomas Barton, Aaron Tady, (Coles Barton LLP), Lawrenceville, for appellee.

    Case Number: A19A1165

    Estate's Trustee Who Acted Without Her Co-Trustee's Consent Lacked Standing to Unilaterally Bring Suit Against the Estate

  • Schinazi et al. v. Eden, as Trustee of TE 2005 Schinazi GST Grantor Trust

    Publication Date: 2019-08-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Nicole Wade, George Wilson, (1180 West Peachtree Street NW), Atlanta, for appellant.
    for defendant: LeAnne Gilbert, Craig Frankel, (Gaslowitz Frankel LLC), Atlanta, Jared Cloud, (McDermott Will & Emery LLP), Chicago, for appellee.

    Case Number: A19A0474

    Court Approves of Trial Court's Order Denying Motion to Compel Arbitration as Untimely Where Movant Waited Until After Summary Judgment to Seek Arbitration

  • Leanhart et al. v. Knox

    Publication Date: 2019-08-16
    Practice Area: Contractual Disputes | Trusts and Estates | Wrongful Death
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Micheal Easter, (The Weinstein Firm, LLC), Atlanta, for appellant.
    for defendant: Austin Perry, (McClure, Ramsay, Dickerson & Escoe), Toccoa, for appellee. James Purcell, Phillip Perry, (Fulcher Hagler, LLP), Augusta, for other party.

    Case Number: A19A0690

    Trial Court Had Authority to Apportion "High-Low" Agreement Settlement Proceeds Between Two Competing Claims

  • Callaway v. Willard

    Publication Date: 2019-08-09
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: William Neville, (Callaway, Neville & Brinson), Claxton, for appellant.
    for defendant: Luke Lantta, (Bryan Cave Leighton Paisner LLP), Atlanta, Lloyd Murray, (Lloyd D. Murray, Sr., Attorney at Law), Richmond Hill, J. Edenfield, (Spivey, Carlton & Edenfield, P.C.), Swainsboro, for appellee.

    Case Number: A19A0139

    Court affirms partial summary judgment for trust beneficiaries against trustee