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Martha L. Morris As Trustee Of The Derek Morris Irrevocable Trustv.Sarah Morris

CourtCourt of Appeals of Georgia
Docket No.A13A1885
DecidedMarch 20, 2014
Reporter326 Ga. App. 378, 756 S.E.2d 616
JudgesPresiding Judge Andrews authored the opinion; Judges Dillard and McMillian concurred
Tags
CivilProperty LawCivil ProcedureFiduciary DutyDeclaratory JudgmentSummary JudgmentStatutory InterpretationReversalMootness
Case Summary

Martha Morris, trustee of the Derek Morris Irrevocable Trust, sought instructions on whether the trust assets should pass to Derek’s siblings or to Sarah Morris as administrator of the estate of Derek’s daughter, Iza Lily. After considering cross-motions for summary judgment, the trial court applied North Carolina law and awarded the assets to Sarah. The Court of Appeals held that Georgia law governed the trust because it was executed, administered, and held in Georgia and the trust expressly selected Georgia law; the assets passed outside Derek’s probate estate. It also held that Sarah’s wrongful-death judgment against Derek’s estate did not make her a “creditor” entitled to reach the trust under Georgia’s spendthrift-trust statute, which the court strictly construed to exclude tort claimants. The judgment awarding the assets to Sarah in A13A1885 was reversed.

Opinion

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