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

O.C.G.A. 23-2-113 (2010)
23-2-113. When equity may relieve against collusive, illusory, mistaken, etc., executions


(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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