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SUNTRUST BANK v. MERRITT

Nos. A04A2113, A04A2114.

612 S.E.2d 818 (2005)

272 Ga. App. 485

SUNTRUST BANK v. MERRITT, et al.; Merritt, et al. v. SunTrust Bank.

Court of Appeals of Georgia.

March 25, 2005.

Attorney(s) appearing for the Case

Ralph Morrison, Gregory Hanthorn, Jordana Sternberg, Jones Day, Atlanta, for Appellant.

Craig Frankel, Frankel & Associates, Tamisa Wertz, Lawler, Tanner, Zitron & Pachman, Jeffrey Zitron, Doffermyre, Shields, Canfield, Knowles & Devine, Everette Doffermyre, Jr., Atlanta, for appellees.

RUFFIN, Chief Judge.

The critical issue in these appeals involves the duty owed by a trustee to remainder beneficiaries. William Merritt, Jr., Martha Merritt, and Anne Merritt Stembler (collectively, "the Merritts"), remainder beneficiaries of a trust, filed suit against SunTrust Bank f/k/a Trust Company of Georgia ("SunTrust"), one of two trustees, alleging inter alia that it breached its fiduciary duty by favoring the...

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