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WALTERS v. STEWART

No. A03A1079.

588 S.E.2d 248 (2003)

263 Ga. App. 475

WALTERS v. STEWART.

Court of Appeals of Georgia.

Reconsideration Denied October 2, 2003.

Attorney(s) appearing for the Case

G.E. Adams, Edwin S. Varner, Jr., for appellant.

Eric T. Johnson, Atlanta, for appellee.

RUFFIN, Presiding Judge.

In 1995, Howell Stewart gave his son, Howell Stewart, Jr. ("Stewart") $50,000. When Mr. Stewart died, his daughter, Alice Walters, sought a declaratory judgment that the $50,000 was an advancement against Stewart's inheritance. Walters also alleged that Stewart breached his fiduciary duty as executor by failing to acknowledge the advancement. Stewart moved for summary judgment, asserting, inter alia, that the money could not be considered...

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