Estate of Augusta Porter Forbes - Page 23




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          Ann. sec. 53-12-93 (1997).  The texts of these statutory                    
          provisions are set out in the margin.11                                     



               11 The relevant sections of the Georgia Trust Act, as                  
          embodied in the Official Code of Georgia Annotated (1997), are as           
          follows:                                                                    
               53-12-90. Implied trusts.                                              
                    An implied trust is either a resulting trust or a                 
               constructive trust.                                                    

               53-12-91. Resulting trusts.                                            
                    A resulting trust is a trust implied for the benefit of           
               the settlor or the settlor’s successors in interest when it            
               is determined that the settlor did not intend that the                 
               holder of the legal title to the trust property also should            
               have the beneficial interest in the property, under any of             
               the following circumstances:                                           
                    (1) A trust is created but fails, in whole or in part,            
               for any reason;                                                        
                    (2) A trust is fully performed without exhausting all             
               the trust property; or                                                 
                    (3) A purchase money resulting trust as defined in                
               subsection (a) of Code Section 53-12-92 is established.                

               53-12-93. Constructive trusts.                                         
                    (a) A constructive trust is a trust implied whenever              
               the circumstances are such that the person holding legal               
               title to property, either from fraud or otherwise, cannot              
               enjoy the beneficial interest in the property without                  
               violating some established principle of equity.                        
                    (b) The person claiming the beneficial interest in the            
               property may be found to have waived the right to a                    
               constructive trust by subsequent ratification or long                  
               acquiescence.                                                          





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