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STEPHENS v. FIRST NATIONAL BANK

23566.

222 Ga. 423 (1966)

150 S.E.2d 865

STEPHENS v. FIRST NATIONAL BANK OF ATLANTA, Trustee, et al.

Supreme Court of Georgia.

Decided September 8, 1966.

Attorney(s) appearing for the Case

Frank A. Holden, Robert Lee Avary, Jr., for appellant.

Edwin W. Fortson, Hansell, Post, Brandon & Dorsey, Charles T. Zink, McChesney H. Jeffries, Smith, Ringel, Martin & Lowe, Alex W. Smith, Alex W. Smith, Jr., Robert W. Beynart, for appellees.

Frank A. Holden, Robert Lee Avary, Jr., for party at interest not party to record.

QUILLIAN, Justice.

1. The averments of the petition were that the plaintiff, appellee here, was entitled to have guidance as to whether a trust existed at all and as to whether the plaintiff's testator, John C. Allen, had any interest in the trust property that would constitute a part of his estate. In such circumstances, the petition was not subject to general demurrer and set forth cause for a declaratory judgment construing...

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