LINKOUS v. CANDLER

No. S98A1011.

508 S.E.2d 657 (1998)

270 Ga. 284

LINKOUS v. CANDLER et al.

Supreme Court of Georgia.

Reconsideration Denied December 4, 1998.


Attorney(s) appearing for the Case

David G. Ross, William J. Linkous, Jr., Powell, Goldstein, Frazer & Murphy, Atlanta, for William J. Linkous, Jr.

Jeanne J. Bowden, Henry L. Bowden, Jr., The Bowden Law Firm, P.C., G. Conley Ingram, Robert G. Edge, John C. Sawyer, Alston & Bird, LLP, Bertrum L. Levy, Robert L. Rothman, Arnall, Golden & Gregory, Atlanta, for C.H. Candler, III, et al.


THOMPSON, Justice.

Does the language of the trust agreement in this case indicate an intent to prohibit acceleration of the trust? Because such an intent need not be express, but can be implied from the four corners of the agreement, Wetherbee v. First State Bank & Trust Co., 266 Ga. 364, 365, 466 S.E.2d 835 (1996), we hold that the trust agreement does indeed prohibit acceleration, and...

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