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SCOTT v. SOUTH TRUST ASSET MANAGEMENT COMPANY

No. S01A1373.

555 S.E.2d 732 (2001)

274 Ga. 523

SCOTT et al. v. SOUTH TRUST ASSET MANAGEMENT COMPANY et al.

Supreme Court of Georgia.

November 30, 2001.

Attorney(s) appearing for the Case

Crain & Davis, Michael O. Crain, Athens, Morgan & Morgan, Lee P. Morgan, Bogart, for appellants.

Thurbert E. Baker, Atty. Gen., Grace E. Lewis, Senior Asst. Atty. Gen., Bloodworth & McSwain, Laurin M. McSwain, James W. Hass, Jr., Atlanta, Smith, Gambrell & Russell, Edward K. Smith, Alex W. Smith, Atlanta, Edward W. Gadrix, Jr., Roswell, for appellees.

SEARS, Presiding Justice.

One of the appellees, South Trust Asset Management Company, is trustee of a trust that all the parties agree violates the rule against perpetuities. South Trust petitioned the trial court for direction regarding the payment of the assets of the trust. Pursuant to OCGA § 44-6-205(b),1 the trial court reformed the trust to provide that upon the death of the testator's son, the lineal descendants of the son...

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