Estate of Augusta Porter Forbes - Page 27




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          governed by the same rules.”  Hancock v. Hancock, supra.                    
          Consequently, although petitioner’s case is predicated on the               
          creation of implied resulting trusts upon creation of the limited           
          partnership, the characterization of the implied trust as implied           
          or constructive would appear to make little difference under this           
          statute.                                                                    
               Under Georgia law, extrinsic evidence bearing on the                   
          parties’ intent is admissible to establish the existence of an              
          oral trust regarding land.  See Harrell v. Harrell, 290 S.E.2d              
          906, 907 (Ga. 1982) (involving the substantially identical                  
          predecessor statute to Georgia Code section 53-12-26), in which             
          the Georgia Supreme Court stated:                                           
               circumstances may be offered as evidence of an                         
               intention (whether or not expressly articulated by each                
               party) that title shall vest in one and beneficial                     
               ownership in the other.  The scope of such evidence                    
               includes all of the facts and circumstances surrounding                
               the transaction.  The ultimate inquiry is whether there                
               was, in truth, a mutual understanding, not whether such                
               an understanding was expressed in plain and unambiguous                
               terms.                                                                 
               The Georgia Supreme Court in Harrell acknowledged that                 
          “hidden beneficial ownership can be pernicious” and create                  
          uncertainty, but nevertheless concluded that the relevant                   
          statutory provisions “appear to sanction hidden trusts, and we              
          must be guided by the law as given by the General Assembly.”  Id.           
          at 907-908; see also McKinney v. Burns, 31 Ga. 295 (1860) (parol            
          evidence was competent to establish, with regard to beneficial              






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