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WACHOVIA BANK OF GEORGIA v. NAMIK

Nos. A03A2198, A03A2199.

593 S.E.2d 35 (2003)

265 Ga. App. 80

WACHOVIA BANK OF GEORGIA, N.A. v. NAMIK et al. Namik et al. v. Wachovia Bank of Georgia, N.A.

Court of Appeals of Georgia.

Reconsideration Denied January 8, 2004.

Certiorari Granted May 24, 2004.

Attorney(s) appearing for the Case

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

Kaufman, Chaiken, Miller & Klorfein, Robert J. Kaufman, Stephen R. Klorfein, Charlotte K. Perrell, Jason S. Adler, Atlanta, for appellees.

Arnall, Golden & Gregory, Bertram L. Levy, Atlanta, amicus curiae.

JOHNSON, Presiding Judge.

In these cases, we are asked to decide whether Wachovia Bank of Georgia breached its fiduciary duties as trustee by causing an estate to pay what the estate contends were unnecessary and avoidable estate taxes. Following a bench trial, the trial court found in favor of the Bank on counts alleging breach of fiduciary duty as administrator, self-dealing as trustee, stubborn litigiousness, tort, and punitive damages. The trial court found in...

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