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CUNNINGHAM v. CUNNINGHAM

27808, 27809.

230 Ga. 493 (1973)

197 S.E.2d 731

CUNNINGHAM et al. v. CUNNINGHAM et al. TRUST COMPANY OF GEORGIA v. CUNNINGHAM et al.

Supreme Court of Georgia.

Decided April 13, 1973.

Rehearing Denied April 25, 1973.

Attorney(s) appearing for the Case

Swertfeger, Scott, Pike & Simmons, Joseph Szczecko, for appellants, case No. 27808.

Terrence Lee Croft, A. W. Franklin Bloodworth, George H. Carley, McCurdy, Candler & Harris, for appellees.

Hansell, Post, Brandon & Dorsey, Terrence Lee Croft, A. W. Franklin Bloodworth, for appellants, case No. 27809.

Joseph Szczecko, George H. Carley, for appellees.

NICHOLS, Justice.

The judgment of the trial court concluded that the termination of the trust so as to vest the remainder in the plaintiff was based upon the interest of the plaintiff's father being terminated. The appellants contend that in order for the plaintiff to have a "perfect title" to the assets in such trust he must be in life when his father's interest is terminated, not by assignment, but, by his death. "`The law favors the vesting of estates at the earliest...

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