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Jenifer Duncan Et Al.v.Olga Rawls Et Al.

CourtCourt of Appeals of Georgia
Docket No.A17A2052
DecidedMarch 16, 2018
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawFiduciary DutyStatutory InterpretationSummary JudgmentVacaturRemandDissent
Case Summary

Fourteen trust beneficiaries challenged the enforcement of an in terrorem, or no-contest, provision after alleging that undue influence affected the trust created by Olga Casteleiro de Goizueta. The trial court granted the trustees partial summary judgment on the undue-influence challenge and ruled on related fiduciary-duty and tortious-interference claims. The Georgia Court of Appeals held that the legislature, rather than the courts, determines Georgia public policy on the enforceability of no-contest provisions, so the trial court correctly enforced the clause against the undue-influence claim. The appellate court vacated the portion of the order addressing breach of fiduciary duty and remanded for the trial court to determine whether the tortious-interference claim was barred by the clause. A dissent would have required further analysis of the trust documents and would have vacated additional portions of the judgment, including rulings concerning the fiduciary-duty and tortious-interference claims.

Opinion

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Jenifer Duncan Et Al. V. Olga Rawls Et Al. — The Atlanta Gleaner