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CANNON v. FIRST NATIONAL BANK

31224, 31229, 31233.

237 Ga. 562 (1976)

229 S.E.2d 361

CANNON v. FIRST NATIONAL BANK OF ATLANTA et al. FULLER v. CANNON et al. FIRST NATIONAL BANK OF ATLANTA v. CANNON et al.

Supreme Court of Georgia.

Decided September 7, 1976.

Rehearing Denied September 27, 1976.

Attorney(s) appearing for the Case

Harland, Cashin, Chambers, Davis & Doster, James R. Harland, Jr., Joe G. Davis, Jr., for appellant (case no. 31229).

McCurdy & Candler, George H. Carley, Arnall, Golden & Gregory, H. Fred Gober, for appellees (case no. 31229).

McCurdy & Candler, George H. Carley, for appellant (case no. 31233).

Arnall, Golden & Gregory, H. Fred Gober, James R. Harland, Jr., Joe G. Davis, Jr., for appellees (case no. 31233).

NICHOLS, Chief Justice.

Fred Cannon, Jr. filed a complaint in which he sought to obtain the proceeds of a note which was a part of his mother's estate at the time of her death in 1970. The complaint alleged that the First National Bank and Drew Fuller had fraudulently placed such note in a trust administered by the First National Bank as trustees while serving as co-executors of his mother's estate. The trial court denied a motion for summary judgment made by the...

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