Official Code of Georgia Annotated

Title 23. EQUITY · Chapter 2. GROUNDS FOR EQUITABLE RELIEF · Article 5. ADMINISTRATION OF ASSETS GENERALLY

23-2-91. When equity will interfere with administration of estates.

Active

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

Equity will not interfere with the regular administration of estates, except upon:
(1)
Application of the representative:#
1. (A)
  For construction and direction; or#
2. (B)
  For marshaling the assets; or#
(2)
Application of any person interested in the estate where there is danger of loss or other injury to his interests.#

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, § 3075; Code 1868, § 3087; Code 1873, § 3144; Code 1882, § 3144; Civil Code 1895, § 3999; Civil Code 1910, § 4596; Code 1933, § 37-403.

Law reviews

For article, ‘‘Fiduciary Problems of the Executor and Trustee: Conflicts of Interest, Violations of Fiduciary Duties; Surcharge, and Other Remedies of Beneficiaries,’’ see 9 Ga. St. B.J. 187 (1972). For survey article on wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982). For annual survey of wills, trusts, guardianships, and fiduciary administration, see 58 Mercer L. Rev. 423 (2006). For survey article on wills, trusts, guardianships, and fiduciary administration, see 59 Mercer L. Rev. 447 (2007).

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 413; merge action: carried; file SHA-256 b3cf4ff62f2f.

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