Georgia Statutes

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

Georgia·Title 23
(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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