- 23 - 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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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