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SMITH v. HALLUM

No. S09A1790.

691 S.E.2d 848 (2010)

SMITH v. HALLUM.

Supreme Court of Georgia.

March 1, 2010.

Attorney(s) appearing for the Case

Chandler, Britt, Jay & Beck, Walter M. Britt, Luther H. Beck, Jr., Buford, for appellant.

Alston & Bird, Nowell D. Berreth, Jay D. Bennett, Atlanta; Andersen, Davidson & Tate, Ethel D. Andersen, Lawrenceville, for appellee.

HUNSTEIN, Chief Justice.

This case involves the equitable modification of a trust pursuant to OCGA § 53-12-153. The trust in issue is the J.D. Smith Irrevocable Trust created in 1990 by John Dewey Smith ("Settlor"). As OCGA § 53-12-153 mandates, modification is warranted only where it is established by clear and convincing evidence that, "owing to circumstances not known to or anticipated by the settlor, compliance...

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