Georgia § 23-2-113 When equity may relieve against collusive, illusory, mistaken, etc., executions

Georgia Statutes

§ 23-2-113 — When equity may relieve against collusive, illusory, mistaken, etc., executions

Georgia § 23-2-113

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This text of Georgia § 23-2-113 (When equity may relieve against collusive, illusory, mistaken, etc., executions) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 23-2-113 (2026).

Text

(a)As used in this Code section, the term:

(1)"Collusive execution" means every execution whereby the person exercising a power uses it by contrivance for his own benefit, he not being legitimately an intended beneficiary.

(2)"Illusory appointment" means an appointment whereby a nominal benefit only is given to one of a class, to all of whom a substantial benefit was intended.

(b)Equity may relieve against mistaken or defective executions, collusive executions, and illusory appointments.

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(a) As used in this Code section, the term: (1) "Collusive execution" means every execution whereby the person exercising a power uses it by contrivance for his own benefit, he not being legitimately an intended beneficiary. (2) "Illusory appointment" means an appointment whereby a nominal benefit only is given to one of a class, to all of whom a substantial benefit was intended. (b) Equity may relieve against mistaken or defective executions, collusive executions, and illusory appointments.