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BAKER v. MERRILL LYNCH TRUST CO., FSB

No. A07A0404.

650 S.E.2d 296 (2007)

BAKER v. MERRILL LYNCH TRUST COMPANY, FSB et al.

Court of Appeals of Georgia.

Reconsideration denied July 25, 2007.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., John B. Ballard, Jr., Grace E. Lewis, Asst. Attys. Gen., for Appellant.

W. Allen Separk, Marietta, C. Fred Reeves, Patricia D. Friedman, for Appellees.

RUFFIN, Judge.

Merrill Lynch Trust Company, FSB, as trustee and executor, brought this action seeking construction of Margaret L. Scarbrough's trust and will, naming Scarbrough's heirs as respondents. The parties filed cross-motions for summary judgment, and the trial court ruled in favor of the heirs. In its appeal, the State, acting as parens patriae, argues that the trial court erred in granting summary judgment to the heirs.1 For reasons...

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