- 27 - 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 beneficialPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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