When Equity May Relieve Against Collusive, Illusory, Mistaken, etc., Executions

  1. Law
  2. Georgia Code
  3. Equity
  4. Grounds for Equitable Relief
  5. Exercise of Powers of Appointment and Sale
  6. When Equity May Relieve Against Collusive, Illusory, Mistaken, etc., Executions

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  1. As used in this Code section, the term:
    1. "Collusive execution" means every execution whereby the person exercising a power uses it by contrivance for his own benefit, he not being legitimately an intended beneficiary.
    2. "Illusory appointment" means an appointment whereby a nominal benefit only is given to one of a class, to all of whom a substantial benefit was intended.
  2. Equity may relieve against mistaken or defective executions, collusive executions, and illusory appointments.

(Orig. Code 1863, §§ 3098, 3099, 3100; Code 1868, §§ 3110, 3111, 3112; Code 1873, §§ 3167, 3168, 3169; Code 1882, §§ 3167, 3168, 3169; Civil Code 1895, §§ 4018, 4019, 4020; Civil Code 1910, §§ 4615, 4616, 4617; Code 1933, §§ 37-602, 37-603, 37-604.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 62 Am. Jur. 2d, Powers, § 73.

C.J.S.

- 72 C.J.S., Powers, § 45.

ALR.

- Property covered by power of appointment as subject to claims of donee's creditors, 59 A.L.R. 1510; 97 A.L.R. 1071; 121 A.L.R. 803.


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