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Official Code of Georgia Annotated

Title 23. EQUITY · Chapter 2. GROUNDS FOR EQUITABLE RELIEF · Article 6. EXERCISE OF POWERS OF APPOINTMENT AND SALE

23-2-113. When equity may relieve against collusive, illusory, mistaken, etc., executions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    As used in this Code section, the term:#

    1. (1)

      ‘‘Collusive execution’’ means every execution whereby the person exercising a power uses it by contrivance for his own benefit, he not being legitimately an intended beneficiary.#

    2. (2)

      ‘‘Illusory appointment’’ means an appointment whereby a nominal benefit only is given to one of a class, to all of whom a substantial benefit was intended.#

  2. (b)

    Equity may relieve against mistaken or defective executions, collusive executions, and illusory appointments.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, §§ 3098, 3099, 3100; Code 1868, §§ 3110, 3111, 3112; Code 1873, §§ 3167, 3168, 3169; Code 1882, §§ 3167, 3168, 3169; Civil Code 1895, §§ 4018, 4019, 4020; Civil Code 1910, §§ 4615, 4616, 4617; Code 1933, §§ 37-602, 37-603, 37-604.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, page 431; merge action: carried; file SHA-256 b3cf4ff62f2f.