Linkous v. Candler

508 S.E.2d 657

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Linkous v. Candler

Georgia Supreme Court
508 S.E.2d 657

SC

Facts

Howard and Ruth Candler got divorced. As part of the divorce settlement, Howard and Ruth created an irrevocable trust that granted Ruth a life estate in the trust corpus. The trust provided that upon Ruth’s death, any trust income should be distributed evenly among Howard and Ruth’s living children. Finally, the trust provided that upon the death of the last surviving child of Howard and Ruth, the income should be distributed evenly among Howard and Ruth’s then-living grandchildren. Howard died in 1988. Ruth died in 1996, leaving three children (plaintiffs). The three children renounced their interests in the trust and filed a petition seeking judicial construction of the trust. The plaintiffs named the trustee, Howard and Ruth’s 13 grandchildren, and any and all other unrepresented descendants of Howard and Ruth, born or unborn, as defendants. The court appointed William Linkous (defendant) as guardian ad litem for the unrepresented descendants. The superior court found that the three children’s renunciation of their interests accelerated the remainder interests of the 13 grandchildren. Accordingly, the court directed the trustee to distribute the trust to the 13 grandchildren. Linkous appealed.

Rule of Law

Issue

Holding and Reasoning (Thompson, J.)

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