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Mildredv.Rabun v. Timothy Michael Rabun, In His Capacity As Executor Under The Last Will And Testament Of Elwood O'Nea

CourtCourt of Appeals of Georgia
Docket No.A17A0184
DecidedJune 21, 2017
Reporter333 Ga. App. 864
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawFamily LawEvidenceSummary JudgmentReversalRemand
Case Summary

Mildred Rabun challenged summary judgment for the executor of her late husband’s estate in an action seeking a constructive trust over assets transferred during his lifetime. She also challenged an order requiring her to return personal property to the executor. The Georgia Court of Appeals affirmed summary judgment against the constructive-trust claim because the evidence did not establish a basis to impose that equitable remedy. It reversed the order concerning the personal property because the record did not support requiring the widow to return items in her possession. The court held that the trial court had improperly resolved that property dispute on the record before it. The judgment was therefore affirmed in part and reversed in part, with the case returned for further proceedings on the property order.

Opinion

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