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DEVITT v. CLOSE

23370.

221 Ga. 853 (1966)

148 S.E.2d 316

DEVITT et al. v. CLOSE et al.

Supreme Court of Georgia.

Decided March 10, 1966.

Attorney(s) appearing for the Case

Cook & Palmour, A. Cecil Palmour, for appellants.

Burton Brown, for appellees.

COOK, Justice.

On May 26, 1965, Vernon Close and Dr. Richard C. Shepard filed a petition in the Superior Court of Walker County, asserting that they are parties interested in a trust consisting of described land. They sought the removal of two nonresident trustees, Dave Turner and James S. Devitt, and the appointment of a new trustee. This court held that the petition failed to state a cause of action and that the trial judge erred in

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