Royal v. Blackwell, et al.
Annotate this CaseThe trustee of a testamentary trust that was a beneficiary of the last will and testament of the late Edgar Hollis filed an action seeking an accounting, the removal of appellant who was the executor of the estate, and damages resulting from appellant's purported breach of his fiduciary duty. Appellant subsequently appealed the grant of summary judgment. The court held that it agreed with the trial court's construction of the Hollis will where the executor breached his fiduciary duties when he offered the Newnan-Coweta Historical Society a bequest declined by the City of Newnan. The court also held that the fact that appellant gathered some of the estate's assets did not preclude a finding of breach of fiduciary duty based on the fact that he did not gather all of the assets; that the trial court erred in determining that the trustee and temporary administrator were entitled to expenses of litigation pursuant to OCGA 13-6-11; and that the record appendix submitted to the court did not contain a request for oral hearing and the trial court was not required to hear oral argument on the motion prior to ruling on it. The court further held that the trial court did not err when it allowed petitioners, the City of Newnan and the Newnan-Coweta Historial Society, to intervene where appellant consented to the intervention and it appeared that petitioners were named in the Hollis will as a beneficiary and a successor beneficiary. Accordingly, the judgment was affirmed in part and reversed in part.
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