Supreme Court of Georgia

Peterson v. Peterson.

March 5, 2018811 S.E.2d 309

Summary

The court reversed summary judgment for Mary Peterson on claims that she and Calhoun breached their fiduciary duties as executors and trustees. It held that the will's majority-control provision and discretionary powers did not eliminate the trustees' duties to administer the trusts according to their terms, consider support for the children, avoid waste, and act prudently and in good faith. The court also held that the lower court improperly resolved the remaining claims without independently analyzing them.