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COOK v. HORN

20094.

214 Ga. 289 (1958)

104 S.E.2d 461

COOK et al. v. HORN et al.

Supreme Court of Georgia.

Decided July 11, 1958.

Attorney(s) appearing for the Case

J. H. Napier, Ellsworth Hall, Bloch, Hall, Groover & Hawkins, for plaintiffs in error.

Hitch, Miller & Beckman, John E. Simpson, Smith & Undercofler, Hiram K. Undercofler, contra.

WYATT, Presiding Justice.

1. It is first contended that, under the provisions of the trust instrument, the petitioners take a fee-simple interest in the trust fund rather than a life interest, and that, being sui juris and not spendthrifts (it being conceded by all parties that Code § 108-111.1 does not apply to this instrument), the trust is executed and the petitioners are entitled to have the corpus of the trust distributed...

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