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198 Ga. App. 653

Roberts v. Chew

Court of Appeals of Georgia

Decided February 21, 1991

Court of Appeals of Georgia · decided 1991-02-21

Good law ✅— No negative treatment on recordhow we know

Decided 1991-02-21

How this case has been cited

Cited by 18 later decisions — most recently November 2015

18 state decisions

110199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McMurray, Presiding Judge.

¶1The Probate Court of Macon County, Georgia, entered separate orders granting guardianship fees to William T. Roberts from the estates of Estelle Walker and Edgar M. Walker. The probate court awarded the guardianship fees based on Roberts’ relinquishment of the wards’ assets to their respective estates. Walter S. Chew, Jr., as the Executor of the Estate of Estelle Walker and as the Administrator of the Estate of Edgar M. Walker, filed appeals to the superior court and the awards were reversed. William T. Roberts then filed direct appeals. Held:

¶2As compensation for services, a guardian shall receive a commission on “all sums paid out by him, either for- debts, legacies, or distributive shares.” OCGA § 53-6-140 (a). However, no such commission shall be paid for handing over trust assets to a successor fiduciary. OCGA §§ 53-6-142; 29-2-43. In the cases sub judice, the superior court did not err in reversing the probate court’s awards to Roberts for transferring trust assets to the Walkers’ respective estates.

¶3Judgments affirmed.

Carley, J., concurs. Sognier, C. J., concurs in the judgment only.
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