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SMITH v. HAWKS

72969, 72970, 72971, 72972, 72973, 72974, 72975, 72976.

182 Ga. App. 379 (1987)

355 S.E.2d 669

SMITH v. HAWKS et al. FIRST BANK OF SAVANNAH v. HAWKS et al. ABBOTT v. HAWKS et al. SAVANNAH BANK & TRUST COMPANY v. HAWKS et al. SMITH v. GILL et al. SMITH v. BRUNSON et al. SMITH v. ANDREWS et al. SMITH v. HINELY et al.

Court of Appeals of Georgia.

Rehearings Denied March 31, 1987.

Attorney(s) appearing for the Case

Alex L. Zipperer III, James B. Ashby, for Smith.

Leamon R. Holliday III, for First Bank of Savannah.

Luhr G. C. Beckmann, Jr., Joseph H. Barrow, for Abbott.

Roland B. Williams, for Savannah Bank & Trust.

A. Martin Kent, for Hydraulics Supply.

H. Sanders Carter, Jr., for Thomas & Hutton.

Brent J. Savage, George L. Lewis, for appellees.

CARLEY, Judge.

These eight companion cases arise from the following set of facts:

In 1963, the Pine Forest Utility Corporation (Corporation), as settlor, created an express trust. The Industrial Bank of Savannah was named as the trustee. The trust document conveyed to the Industrial Bank the title to such property of the Corporation as was being used to provide water and sewerage services to the Pine Forest Subdivision. The purpose of the trust was to secure...

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