2021 Georgia Code
Title 23 - Equity
Chapter 4 - Equity Procedure
Article 3 - Decrees
§ 23-4-33. Decree in Will or Contract Matters; Consent of Guardian or Guardian Ad Litem
When it becomes impossible to carry out any last will and testament in whole or in part, and in all matters of contract, the judges of the superior courts, and the judge of the Georgia State-wide Business Court in matters of contract only, shall have power to render any decree that may be necessary and legal, provided that all parties in interest shall consent thereto in writing and there shall be no issue as to the facts or, if there is such an issue, that there shall be a like consent in writing that the judge presiding may hear and determine such facts, subject to a review on appeal, as in other cases. In all cases where minors are interested, the consent of the guardian at law or the guardian ad litem shall be obtained before the decree is rendered.
(Ga. L. 1865-66, p. 221, § 1; Code 1868, § 4155; Code 1873, § 4214; Code 1882, § 4214; Ga. L. 1882-83, p. 69, § 1; Civil Code 1895, § 4855; Civil Code 1910, § 5428; Code 1933, § 37-1205; Ga. L. 2016, p. 883, § 3-8/HB 927; Ga. L. 2019, p. 845, § 3-6/HB 239.)
The 2019 amendment, effective May 7, 2019, inserted ", and the judge of the Georgia State-wide Business Court in matters of contract only," in the middle of the first sentence of this Code section.
Editor's notes.- Ga. L. 2016, p. 883, § 1-2/HB 927, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Appellate Jurisdiction Reform Act of 2016.'"
Ga. L. 2016, p. 883, § 6-1/HB 927, not codified by the General Assembly, provides that: "Part III of this Act shall become effective on January 1, 2017, and shall apply to cases in which a notice of appeal or application to appeal is filed on or after such date."
Law reviews.- For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 205 (2016). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 1 (2019).
JUDICIAL DECISIONS
Judge determines the question of impossibility of carrying out a will. Sharp v. Findley, 71 Ga. 654 (1883).
Cited in Summerour v. Fortson, 174 Ga. 862, 164 S.E. 809 (1932); Sims v. Ramsey, 186 Ga. 732, 198 S.E. 770 (1938); Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939).
RESEARCH REFERENCES
C.J.S.
- 31 C.J.S., Equity, § 588.
