Georgia Code, Title 23, Chapter 2, Article 6 - Exercise of Powers of Appointment and Sale

• § 23-2-110 - Equitable Jurisdiction Over Powers
  Powers, especially of appointment, being always founded on trust or confidence, are peculiarly subjects of equitable supervision.
• § 23-2-111 - Exercise of Discretionary Powers Not Compellable Generally
  Equity may not compel a party, having a discretion, to exercise a power of appointment.
• § 23-2-112 - When Faithful Execution of Power Compellable
  In all cases where no discretion is allowed or the discretion allowed is abused, equity may compel a faithful execution of the power.
• § 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...
• § 23-2-114 - Powers of Sale -- to Be Construed Strictly; Manner of Sale; Who May Exercise
  Powers of sale in deeds of trust, mortgages, and other instruments shall be strictly construed and shall be fairly exercised. In the absence of...
• § 23-2-115 - Powers of Sale -- When Private Sale Authorized
  Unless expressly limited in a will, deed, or other instrument creating a power of sale or unless specifically otherwise provided in such instrument, a...
• § 23-2-116 - Powers of Sale -- When Exercisable by Successor Administrator, Trustee, or Guardian
  Unless expressly limited in an instrument creating a power of sale or unless specifically otherwise provided in the instrument, the power of sale conferred...
• § 23-2-117 - Release, Relinquishment, or Covenant As to Exercise of Power of Appointment -- Authorized
  Any person holding a power of appointment, general or special, whether exercisable by deed or by will only or otherwise, and whether reserved by...
• § 23-2-118 - Release, Relinquishment, or Covenant As to Exercise of Power of Appointment -- to Be in Writing; Delivery or Recordation
  Any release, relinquishment, or covenant referred to in Code Section 23-2-117 shall be in writing, signed by the person holding the power, and delivered...
• § 23-2-119 - Release, Relinquishment, or Covenant As to Exercise of Power of Appointment -- When Fiduciaries or Bona Fide Purchasers Affected
  No fiduciary holding or distributing any property subject to a power of appointment as referred to in Code Section 23-2-117 shall be deemed to...
• § 23-2-120 - Application of Code Sections 23-2-117 Through 23-2-119
  Code Sections 23-2-117 through 23-2-119 are declaratory of existing law and apply to all such releases, relinquishments, and covenants, whenever executed.

Last modified: October 14, 2016