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Snook v. Sessoms

Supreme Court of Georgia
Nov 25, 1986
256 Ga. 482 (Ga. 1986)

Summary

holding beneficiaries may file lawsuit against trustees to seek enforcement of trust provisions without violating the in terrorem clause

Summary of this case from Durham v. Durham

Opinion

43834.

DECIDED NOVEMBER 25, 1986.

Equity. Clinch Superior Court. Before Judge Knight.

Guttshall, Cook Guttshall, A. P. Guttshall, for appellants.

Tillman, McTier, Coleman, Talley Newbern, John T. McTier, Miller, Simpson Tatum, John B. Miller, Jones Soloman, Dorothy S. Porter, Berien Sutton, Ruth S. Hughes, for appellees.


Snook, Prevatt, and Hinson, who are income beneficiaries of the A. K. Sessoms trust, brought suit against the trustees. The trustees then filed a petition for declaratory relief in another county to determine whether these beneficiaries had violated the terms of the in terrorem clause of the trust, and thereby had extinguished their rights as beneficiaries. The trial court declared their rights terminated. We granted to the beneficiaries an interlocutory appeal.

Section 28 of the trust provides: "The trust herein created shall cease and determine for any life beneficiary who attempts, by legal means or otherwise, to set aside or change the terms and conditions of this trust indenture. . . . The share of such beneficiary in the net income of this trust shall revert to the remaining trusts, and the Trustees shall divide and distribute such share in the same manner as if such beneficiary had died without leaving any descendent him surviving."

The beneficiaries contend that their complaints are directed against the trustees, and did not constitute an attempt to change any terms of the trust. With this contention we agree. The executor of a will "has no arbitrary powers to avoid the provisions of a will which he is appointed to execute. . . . The executor, therefore, remains amenable to law in all his acts and doings as such, and a beneficiary under the will, in seeking to compel the performance by him of his duty, will not be penalized for so doing." Cohen v. Reisman, 203 Ga. 684 ( 48 S.E.2d 113) (1948). This principle applies as well to trustees.

A beneficiary assuredly is empowered to enforce the provisions of a trust, no matter the terms of any in terrorem clause.

Judgment reversed. All the Justices concur.


DECIDED NOVEMBER 25, 1986.


Summaries of

Snook v. Sessoms

Supreme Court of Georgia
Nov 25, 1986
256 Ga. 482 (Ga. 1986)

holding beneficiaries may file lawsuit against trustees to seek enforcement of trust provisions without violating the in terrorem clause

Summary of this case from Durham v. Durham

holding that as a matter of law, a beneficiary may file an action seeking to require a trustee to comply with his fiduciary duties, without violating the in terrorem clause contained in the trust documents

Summary of this case from Callaway v. Willard

granting interlocutory application to appeal under equity jurisdiction to review trial court's decision that beneficiaries had violated trust's in terrorem clause

Summary of this case from Durham v. Durham
Case details for

Snook v. Sessoms

Case Details

Full title:SNOOK et al. v. SESSOMS et al

Court:Supreme Court of Georgia

Date published: Nov 25, 1986

Citations

256 Ga. 482 (Ga. 1986)
350 S.E.2d 237

Citing Cases

Durham v. Durham

We recognize that this Court has decided a few trust-related cases. See Lewis v. Van Anda, 282 Ga. 763, 653…

Duncan v. Rawls

See, e.g., Snook v. Sessoms , 256 Ga. 482, 482, 350 S.E.2d 237 (1986), citing Cohen v. Reisman , 203 Ga.…