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OTWELL v. FIRST NAT. BANK OF GAINESVILLE

No. S97A0724.

491 S.E.2d 785 (1997)

268 Ga. 547

OTWELL, et al. v. FIRST NATIONAL BANK OF GAINESVILLE, et al.

Supreme Court of Georgia.

Reconsideration Denied November 3, 1997.

Attorney(s) appearing for the Case

Jack N. Sibley, Cullen C. Wilkerson, Hawkins & Parnell, Atlanta, for Roy P. Otwell, Jr., et al.

J. Douglas Stewart, W. Woodrow Stewart, Stewart, Melvin & Frost, Gainesville, for First National Bank of Gainesville.

Harmon W. Caldwell, Jr., Wade H. Watson, III, Caldwell & Watson, Atlanta, for other interested parties.

SEARS, Justice.

Appellants challenge the trial court's decision permitting the trustee of two trusts established for the benefit of one beneficiary to transfer funds from one trust to another trust, in order to reimburse the latter trust for expenditures made on the beneficiary's behalf. The trust instruments direct that the trust from which the funds originally were paid is not the primary source for expenditures to benefit the beneficiary, but rather is the secondary...

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